Based on the applicable principle of liquidated damages in ＂contract law＂, based on the improvement of the system, the article first analyzes the status quo of the development of the default system and secondly puts...Based on the applicable principle of liquidated damages in ＂contract law＂, based on the improvement of the system, the article first analyzes the status quo of the development of the default system and secondly puts forward some suggestions for improvement. The final purpose is to perfect the liquidated damages system with the Contract Law, in a bid to enhance the fairness of liquidated damages.展开更多
1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations...1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations.As is the case with legislating in China, many details were left for resolution in implementing regulations,展开更多
China's State Council,the country's Cabinet,issued an implementation regulation for Labor Contract Law on September 18 in an effort to clarify confusion surrounding the law.
The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less ...The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less costly without necessary welfares by some factory owners who often go to extreme to run sort of "sweatshop", as often reported by local and western media. The new labor rules could not possibly liberate all those sufferers.展开更多
There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forwar...There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.展开更多
Clean Development Mechanism (CDM) has given birth to an international carbon trading market prosperity,which provides developing countries with valuable opportunities to address climate change issues together with eco...Clean Development Mechanism (CDM) has given birth to an international carbon trading market prosperity,which provides developing countries with valuable opportunities to address climate change issues together with economic development and environmental improvement to achieve the sustainable goal. China,as the biggest carbon market,has caught worldwide attention. However,most studies of CDM focus on economics and environmental science,few on its legal problems. Transaction activities are the essence of market mechanism. To protect the benefits of market participators and regulate the market orders,the Contract Law takes this important role along with development of market mechanism. Therefore,this paper only focuses on the carbon market in China,with the assessment of the risks in the CDM development first. The involved contracts will be identified and analyzed to point out the major contract legal issues in Chinese carbon market. In the meantime,this paper further discusses that measurements at both private level and governmental level should be taken to protect and realize the utility and equality of contract in the carbon market.展开更多
Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amend...Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.展开更多
文摘Based on the applicable principle of liquidated damages in ＂contract law＂, based on the improvement of the system, the article first analyzes the status quo of the development of the default system and secondly puts forward some suggestions for improvement. The final purpose is to perfect the liquidated damages system with the Contract Law, in a bid to enhance the fairness of liquidated damages.
文摘1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations.As is the case with legislating in China, many details were left for resolution in implementing regulations,
文摘China's State Council,the country's Cabinet,issued an implementation regulation for Labor Contract Law on September 18 in an effort to clarify confusion surrounding the law.
文摘The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less costly without necessary welfares by some factory owners who often go to extreme to run sort of "sweatshop", as often reported by local and western media. The new labor rules could not possibly liberate all those sufferers.
文摘There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.
基金supported by National Key Project of Scientific and Technical Supporting Programs Funded by Ministry of Science & Technology of China in the 11th Five-Year Plan (Grant No. 2007BAC03A12)
文摘Clean Development Mechanism (CDM) has given birth to an international carbon trading market prosperity,which provides developing countries with valuable opportunities to address climate change issues together with economic development and environmental improvement to achieve the sustainable goal. China,as the biggest carbon market,has caught worldwide attention. However,most studies of CDM focus on economics and environmental science,few on its legal problems. Transaction activities are the essence of market mechanism. To protect the benefits of market participators and regulate the market orders,the Contract Law takes this important role along with development of market mechanism. Therefore,this paper only focuses on the carbon market in China,with the assessment of the risks in the CDM development first. The involved contracts will be identified and analyzed to point out the major contract legal issues in Chinese carbon market. In the meantime,this paper further discusses that measurements at both private level and governmental level should be taken to protect and realize the utility and equality of contract in the carbon market.
文摘Since its very release in March 2006, the opinion-soliciting draft of the Labor Contract Law has sparked considerable controversy. Indeed, the whole process of its consideration, promulgation, implementation and amendment has been accompanied by complex questioning and a diversity of views. This has to some extent reduced appreciation of the value of the Labor Contract Law itself. In the economy and society, rational legal construction can minimize the damage done by the failure of private negotiations. The Labor Contract Law is dedicated to changing the action space of workers and enterprises in order to promote efficiency in production and equity in distribution. With the aim of constructing and developing harmonious and stable labor relations, the law seeks to encourage workers and enterprises to forge communities of shared interests, shared undertakings, a common destiny and a joint mission; it is here that the true value of the law lies. In terms of institutional design, in building a system that categorizes workplace employment, the Labor Contract Law makes a breakthrough in workplace labor relations management and sets up an innovative labor relations management system with Chinese characteristics. Faced with the new normal in labor relations, we should make further progress in strengthening democraticenterprise management, optimizing the developmental environment of business, etc.
