The social benefit of people＇s common behaviors is high. However, once there is the negligence, the harm to the interests of law will also be great. When more than two people implement the dangerous common behaviors,...The social benefit of people＇s common behaviors is high. However, once there is the negligence, the harm to the interests of law will also be great. When more than two people implement the dangerous common behaviors, each doer has the common duty of care. If they commonly violate the duty of care which leads to the occurrence of the crimes, the unpremeditated joint principal offender establishes. China should take reference from the research experience of other countries in the world, to regulate people＇s common behaviors with the theory of the unpremeditated joint principal offender, to prevent and reduce the accidents from happening.展开更多
The present status of our planet,with global warming and unprecedented changes in the climate,has led the shipping industry to incorporate the concept of sustainability.Sustainability in the shipping industry is a hol...The present status of our planet,with global warming and unprecedented changes in the climate,has led the shipping industry to incorporate the concept of sustainability.Sustainability in the shipping industry is a holistic management concept for sustainable development,applied to the shipping sector,integrating environmental and social responsibility.The final aim of sustainability in shipping is to establish an emission-free industry while executing more than 95%of global trade.To achieve this,specific methods and procedures are being developed.In this paper,the correlation between the concepts of proactiveness and due diligence will be assessed to explore and evaluate if or should there be a strong link between those concepts to achieve sustainability.During the paper’s analysis,it is evident that there is a continuous and impactful correlation between those three concepts.Therefore,the methods and systems provided can effectively lead the shipping sector into a sustainable and emission-free future.展开更多
The existing literature on fiduciary law focuses primarily on commercial settings,and fiduciary principles in the area of family law have seldom been considered.This essay sheds light on the fiduciary principles in Ch...The existing literature on fiduciary law focuses primarily on commercial settings,and fiduciary principles in the area of family law have seldom been considered.This essay sheds light on the fiduciary principles in Chinese family law.There is a set of classic fiduciary duty rules under Chinese family law,such as conflict-of-interest rules and remedies for fraudulent transfers.There are also two special sets of rules that might be considered candidates for traditional fiduciary principles in family law,namely the rules on property distribution in a divorce and the rules on property management for different family members.Moreover,the duty of loyalty in Chinese family law,as well as in many other civil law jurisdictions,is much broader in scope than the traditional duty of loyalty under the common law.This broad duty of loyalty includes the duty of sexual fidelity,the duty of notification about certain sexual activities of one spouse during or even before marriage,and the duty of support between family members.This difference may go back to the historical distinction between law and equity,as well as the logical appropriateness of a broad understanding of the term“loyalty.”展开更多
Trust is the greatest and most distinctive achievement of English law,grown and developed over the passage of time,to meet new demands towards providing new solutions to problems,resulting in its widespread and invent...Trust is the greatest and most distinctive achievement of English law,grown and developed over the passage of time,to meet new demands towards providing new solutions to problems,resulting in its widespread and inventive use worldwide.Although the trust system was introduced by the enactment of a specialist Trust Law of the People's Republic of China in 2001,there is no significant growth in the use of the trust system in civic life.The personal fiduciary relationship between the settlor and trustee is the foundation of a trust.The trustee has an affirmative cquitable duty to act solely in the interest of the beneficiaries.Whether people can rely on the trust system and use it universally is highly dependent on a trustee's fiduciary duty.In the United States,thirty-four states and the District of Columbia have adopted some substantive provisions of the very valuable Uniform Trust Code(UTC).To promote the development and appropriate application of Chinese Trust Law,this article examines the differences between trustee obligations under the American UTC and Chinese Trust Law,and then proposes the amendment suggestion for Chinese Trust Law.This article consists of five parts.In addition to the Introduction,Part I of this article overviews the provisions of a trustee's fiduciary duties in Chinese Trust Law.PartⅡdiscusses and compares the differences and similarities on trustee's fiduciary duties in Chinese Trust Law and the UTC.Part Ⅲ explores the comparative consideration of a trustee's fiduciary duties,and provides the proposals for legal reform.Finally,this article brings forward a brief conclusion.展开更多
文摘The social benefit of people＇s common behaviors is high. However, once there is the negligence, the harm to the interests of law will also be great. When more than two people implement the dangerous common behaviors, each doer has the common duty of care. If they commonly violate the duty of care which leads to the occurrence of the crimes, the unpremeditated joint principal offender establishes. China should take reference from the research experience of other countries in the world, to regulate people＇s common behaviors with the theory of the unpremeditated joint principal offender, to prevent and reduce the accidents from happening.
文摘The present status of our planet,with global warming and unprecedented changes in the climate,has led the shipping industry to incorporate the concept of sustainability.Sustainability in the shipping industry is a holistic management concept for sustainable development,applied to the shipping sector,integrating environmental and social responsibility.The final aim of sustainability in shipping is to establish an emission-free industry while executing more than 95%of global trade.To achieve this,specific methods and procedures are being developed.In this paper,the correlation between the concepts of proactiveness and due diligence will be assessed to explore and evaluate if or should there be a strong link between those concepts to achieve sustainability.During the paper’s analysis,it is evident that there is a continuous and impactful correlation between those three concepts.Therefore,the methods and systems provided can effectively lead the shipping sector into a sustainable and emission-free future.
基金The National Social Science Fund of China for research funding(16CFX054).
文摘The existing literature on fiduciary law focuses primarily on commercial settings,and fiduciary principles in the area of family law have seldom been considered.This essay sheds light on the fiduciary principles in Chinese family law.There is a set of classic fiduciary duty rules under Chinese family law,such as conflict-of-interest rules and remedies for fraudulent transfers.There are also two special sets of rules that might be considered candidates for traditional fiduciary principles in family law,namely the rules on property distribution in a divorce and the rules on property management for different family members.Moreover,the duty of loyalty in Chinese family law,as well as in many other civil law jurisdictions,is much broader in scope than the traditional duty of loyalty under the common law.This broad duty of loyalty includes the duty of sexual fidelity,the duty of notification about certain sexual activities of one spouse during or even before marriage,and the duty of support between family members.This difference may go back to the historical distinction between law and equity,as well as the logical appropriateness of a broad understanding of the term“loyalty.”
文摘Trust is the greatest and most distinctive achievement of English law,grown and developed over the passage of time,to meet new demands towards providing new solutions to problems,resulting in its widespread and inventive use worldwide.Although the trust system was introduced by the enactment of a specialist Trust Law of the People's Republic of China in 2001,there is no significant growth in the use of the trust system in civic life.The personal fiduciary relationship between the settlor and trustee is the foundation of a trust.The trustee has an affirmative cquitable duty to act solely in the interest of the beneficiaries.Whether people can rely on the trust system and use it universally is highly dependent on a trustee's fiduciary duty.In the United States,thirty-four states and the District of Columbia have adopted some substantive provisions of the very valuable Uniform Trust Code(UTC).To promote the development and appropriate application of Chinese Trust Law,this article examines the differences between trustee obligations under the American UTC and Chinese Trust Law,and then proposes the amendment suggestion for Chinese Trust Law.This article consists of five parts.In addition to the Introduction,Part I of this article overviews the provisions of a trustee's fiduciary duties in Chinese Trust Law.PartⅡdiscusses and compares the differences and similarities on trustee's fiduciary duties in Chinese Trust Law and the UTC.Part Ⅲ explores the comparative consideration of a trustee's fiduciary duties,and provides the proposals for legal reform.Finally,this article brings forward a brief conclusion.
