At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interaction...At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interactions between countries are facing greater challenges.The theme of the second parallel forum of the Global Business and Law Conference 2024 is"Dispute Resolution and Global Economic Win-win",which not only offers a profound insight into the current international economic development needs,but also represents strategic thinking on the future global winwin situation.展开更多
As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course o...As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.展开更多
The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crosse...The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.展开更多
The World Trade Organization(WTO)portrays itself as a democraticorganization.Yet many critics claim the WTO is not democratic.The WTO they say catersto the interests of a handful of developed countries and serves the ...The World Trade Organization(WTO)portrays itself as a democraticorganization.Yet many critics claim the WTO is not democratic.The WTO they say catersto the interests of a handful of developed countries and serves the needs of global capital.This article contends that both views are correct.It argues that the WTO does conform todemocratic principles.These principles,however,reflect a form of democracy thatrecognizes formal political equality but does not compensate for disparities in economicpower—a mode of political organization I call"democratic formalism"As a result of itsformal-democratic organization,the WTO possesses a built-in institutional bias that servesthe needs of its most powerful members and the global economic processes that keep thempowerful.That said the formal-democratic organization of the WTO provides an opportunityfor developing countries to steer the organization toward a global trade agenda that betterserves their interests.展开更多
文摘At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interactions between countries are facing greater challenges.The theme of the second parallel forum of the Global Business and Law Conference 2024 is"Dispute Resolution and Global Economic Win-win",which not only offers a profound insight into the current international economic development needs,but also represents strategic thinking on the future global winwin situation.
文摘As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.
文摘The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.
文摘The World Trade Organization(WTO)portrays itself as a democraticorganization.Yet many critics claim the WTO is not democratic.The WTO they say catersto the interests of a handful of developed countries and serves the needs of global capital.This article contends that both views are correct.It argues that the WTO does conform todemocratic principles.These principles,however,reflect a form of democracy thatrecognizes formal political equality but does not compensate for disparities in economicpower—a mode of political organization I call"democratic formalism"As a result of itsformal-democratic organization,the WTO possesses a built-in institutional bias that servesthe needs of its most powerful members and the global economic processes that keep thempowerful.That said the formal-democratic organization of the WTO provides an opportunityfor developing countries to steer the organization toward a global trade agenda that betterserves their interests.
