The topic of this thesis is legal transplants in China since 1978. The first part is devoted to a presentation of contextual elements of Chinese Law, with a critical discussion of various theories of legal transplants, including the most recent Chinese scholarship on this topic. The second part contrasts the influence, on the Chinese legal reforms, of the continental (or civilian) legal tradition with that of the common law. To this end, the author uses a study of the reception of the bona fide principle and of the fairness principle in The Contract Law of the People's Republic of China, with a discussion of the future Chinese Civil Code. The common law's influence, in the same law, is then presented with a focus on the doctrines of anticipatory breach and indirect agency. In the end, the author explains why the civilian legal tradition will remain the dominant, but not exclusive, model on Chinese legal reforms.

No description available.

published_or_final_version / Environmental Management / Master / Master of Science in Environmental Management

No description available.

Drawing upon court files in the Liaoning Provincial Archives, this dissertation addresses the question of the transformation of the civil justice system in Fengtian Province in the early twentieth century. Fengtian Province was among the few provinces where judicial-legal reforms were first launched during the late Qing's New Policies period. In the early Republic, judicial-legal reforms were continuously pursued under the governance of the warlord Zhang Zuolin. The accommodation of judicial-legal modernity within warlord politics was a result of the simultaneous presence of local elite activism, nationalism and the dominance of republican ideology. / To demonstrate judicial-legal modernity in this frontier province, this dissertation covers four main areas: the bureaucratization of the court system and mediation mechanism; the formalization of civil procedures; the "discovery" and modernization of custom in judicial process; and the narrowing of the power disparity in gender in divorce law and practice. / The bureaucratization of the court system reveals not only the tendency of separating judicial power from executive power, but also the professionalization of judicial officials, including lower-level judicial personnel. The bureaucratization of mediation locates the point at wards under the ward-village system implemented in the 1920s by the Fengtian provincial authority. The ward head, as a salaried sub-village government official was able to exercise his power to mediate civil disputes. This point epitomizes the early effort made by the modern state to interfere in the arena of popular justice. The formalization of civil procedures reflects the transformation of court practice from a simple, customary way of finding facts and applying laws to a practice guided by a complex, codified procedural law based on a Germanic-Japanese model. In speaking of the "discovery" and modernization of custom, I address not only the phenomena of "discovering" local customs and recognizing them as a source of authority for adjudicating cases by judges who had modern legal training, but also of the elaborate, selective screening policy towards custom, ushered in by the Supreme Court due to their concern with public policy and social morals. Narrowing the power disparity in gender is examined in the light of changes to divorce law and practice. By following the precedents laid down by the Supreme Court, the lower courts attempted to readdress the unbalanced power relationship between men and women inherited from Qing law.

abstract: ABSTRACT In recent years, the total amount of air pollutant emissions in China was reduced year by year, but pollution is still very serious, especially in some big cities where the environmental pollution has worsened in the last 20 years. The "Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution" ( LPCAP) was established in 1987. With the development of industrialization and air pollution changes, it had been revised twice in 1995 and 2000.The third revision of the law began in 2009 which was included in the "Eleventh five-year National People's Congress Standing legislative plan" and the State Council's 2009 legislative program. At present, the third revision of the LPCAP is in progress and MEP has completed the manuscript of the revised draft of the law. The purpose of this study is to explore the current situation of China's air pollution, as well as history of LPCAP, analysis of amendments in atmospheric legislation and the achievements of the LPCAP. Combined with China current situation, the research exposed some urgent problems of the Chinese atmospheric legislation which are related to: fã The issues of the regional Total Emission Control (TEC) policy and division. fã The issues of allocation of pollutant emission allowances and trade policy fã The issues of improving the pollution emission permit system. fã The issues of the mobile source emissions management. fã The issues of fuel management. fã The issues of the guarantee measures of the implementation of the LPCAP. In addition, the study compares the LPCAP with the U.S. CAA to offer some solutions for the third revised law and tries to find a fundamental solution for the flaws of China's existing Atmospheric Pollution Prevention legal system to be more Operable. As a result, the gap in air quality in China and the developed countries of the world will be narrowed and China will be better positioned for sustainable development. / Dissertation/Thesis / M.S.Tech Environmental Social Science 2012

published_or_final_version / Chinese / Master / Master of Philosophy

The present study consists of a full translation and analysis of the three main versions of the Section on Law and State, a chapter on Tibetan imperial law and administration found in the mid-16th century Mkhas pa'i dga' ston by Dpa'-bo Gtsuglag Phreng-ba, and in the Rgya bod kyi chos 'byung rgyas pa of Mkhas-pa Lde'u and the Chos 'byung chen po bstan pa'i rgyal mtshan of Lde'u Jo-sras, which both date to the mid to late-13th century. While the post-dynastic Tibetan historical tradition attributes this entire body of legal and administrative reforms to Emperor Srong-btsan Sgam-po (c.605-649), the individual legal and administrative catalogues contained in the Section on Law and State, when subjected to close analysis, can be dated to several different periods. The principal aim of this analysis is to underline the early Tibetan antecedents for the catalogues contained in the Section on Law and State. By relating the catalogues of the Section on Law and State to Old Tibetan sources, this analysis describes in detail the legal and administrative practices of the Tibetan Empire (c.600-c.850). Among the topics covered by this analysis are historical geography and the 'nationalisation' of clan territory, social stratification, technological innovation and legal culture. The Section on Law and State is not limited solely to law and administration, however, and also offers insights regarding cultural institutions such as religious practices and Tibetan funerary culture. Taken together, the scattered and fragmentary catalogues that make up the Section on Law and State, many of which ultimately derive from manuals and official records from the imperial period, constitute a rare juridical corpus of the Tibetan Empire. As such, it furnishes important and detailed information about the legal and administrative culture of the Tibetan Empire, and constitutes a fundamental source for Tibetan social history. The preservation of such documents within Tibet's postdynastic religious histories underlines the persistence of Tibetan political theory, according to which divine rulers, Buddhist or otherwise, must govern according to the just traditions of their forebears.

This thesis offers a comparative study of Chinese and the U.S. legislations on the issue of cross-border insolvency. China has included one article concerning this issue in its Enterprise Bankruptcy Law promulgated in 2006. Four years after that, when facing a real case, it is found that the legislation is too preliminary to be used. In the meantime, great efforts have been made among many western countries in order to promote international cooperation on this issue. The United States is one of the most active countries. This thesis analyzes the Chinese version of cross-border insolvency legislation, factor by factor. It also does case study of mostly U.S. cases and some other countries’ cases and tries to find out how the courts interpret the corresponding factors. In doing so, it hopes to improve the Chinese legislation by taking international experience as reference.

This thesis offers a comparative study of Chinese and the U.S. legislations on the issue of cross-border insolvency. China has included one article concerning this issue in its Enterprise Bankruptcy Law promulgated in 2006. Four years after that, when facing a real case, it is found that the legislation is too preliminary to be used. In the meantime, great efforts have been made among many western countries in order to promote international cooperation on this issue. The United States is one of the most active countries. This thesis analyzes the Chinese version of cross-border insolvency legislation, factor by factor. It also does case study of mostly U.S. cases and some other countries’ cases and tries to find out how the courts interpret the corresponding factors. In doing so, it hopes to improve the Chinese legislation by taking international experience as reference.