THE LEGAL PROTECTION OF TIBETAN INTANGIBLE CULTURAL HERITAGE IN CHINA:FROM THE PERSPECTIVE OF TIBETAN CUSTOMARY LAW AND INTELLECTUAL PROPERTY LAW

The minority customary law is an important part of China s customaiy law.It is the native rule of law rooted in the local culture,results from the practice of life,and is supported by a broad base of peoples trust.So the inheritance of customary law is conducive to protecting the intangible cultural heritage of ethnic minorities.For the protection of the intellectual property rights of the intangible cultural heritage of ethnic minorities,whether the means of protection can play an optimal role is not only related to the formulation and perfection of the national law1,hut also to the overall legal culture of the ethnic intangible cultural heritage,and the connection with local intellectual property customary law.The social jiinction of Tibetan customary law mainly lies in the normative function of behavior of Tibetan people and the function of politics,economic,and law enforcement in the stable development of Tibetan society.Tibetan Buddhism philosophy is the soul of Tibetan customary law.Since Tibetan people believe in Tibetan Buddhism,it has a profound impact on the politics,economy,literature,art,law,family,social interaction and daily life of Tibetan society.The Tibetan customary law has strong elements of pacifism,humanism,altruism and other spirits of compassion and harmony,which are at the highest level of traditional Tibetan ethics.

REVISIT TO THE RISING OF THE LAW AGIANST EMPLOYMENT DISCRIMINATION IN CONTEMPORARY CHINA

The Labor Law of the People's Republic of China has established the defining mode involving three elements,which are the worker's characteristics,the employer's act and the relevance between the characteristics and the act,which primarily determines the regulatory object of the Law agianst Employment Discrimination.Furthermore,it sets up a framework of analyzing the two opposing rights between the employers autonomy in the recruitment and the workers right to equal employment,and laid the foundation of regulating the Law agianst Employment Discrimination.Moreover,it has built a parallel institutional structure of having both the old non-legal and new legal regulating means,and has preliminarily drawn the outline of regulatory means of the Law agianst Employment Discrimination law.In fact,the Labor Law is the origin of the Law agianst Employment Discrimination in contemporary China,and the norm generating logics it revealed and stipulated regarding the law against the employment discrimination has provided us the clue and basis for tracing and evaluating the development in this area.

ON DOCTRINAL BASIS OF CHINESE UNIT CRIME

This paper explores the doctrinal basis for the concept of 'unit' crime,a Chinese criminal legal concept similar,though not synonymous,to common law notions of corporate crime.It reviews why Chinese criminal law adoptes this concept and how it developes into its current form.Conditions of the unit crime are identified and limitations on criminal liability are explored.Insights for detailed liabilities are offered,including criminal and administrative liabilities for 'the unit',and the criminal,civil,administrative and disciplinary liabilities for the individual.This paper concludes by assessing the value of the concept of unit crime,and weighs the concept's positive attributes against its deficiencies.

RESEARCH ON THE SEPARATION OF SHAREHOLDER INTERESTS IN DERIVATIVES AREA AND ITS REGULATION IN CHINA

The innovation of financial instruments keeps bringing challenges to the market and regulation systems. Derivatives create a variety of economic benefits and obligations which may influence the traditional legal concept in commercial and financial sectors. Although some primordial derivatives originated in the commercial practices, the nature of derivatives has raised intensive discussion in the legal history.?? The function of the derivatives is so broad that in the modern market there are so many complex categories of assets portfolios embedded with derivatives. What is the purpose of derivative transactions, risk hedging or speculation? People may blame derivatives as a measure of over-speculation that increases the volatility of the financial market. Derivatives could be detrimental to the market because of the high risks associated with speculation activities and the element of gambling may not be entirely eradicated. However, on the other hand, derivatives can also influence corporate governance.