Description
Book SynopsisRenmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
Volume 5 gives detailed discussion and analysis on significant topical subjects such as regulation, public governance, fair trade practice and extra territoriality. Eminent contributors also address the areas of trademarks and patenting, urban planning, life insurance and criminal law.
With an ever-increasing global interest in China's legal approach, this extensive and diverse work will appeal to scholars and professionals of Chinese law, society and politics, as well as members of diplomatic communities with an interest in Chinese law.
Contributors include: F. Changjun, W. Fang, Y. Haichun, F. Hui, X. Jun, L. Lei, H. Peng, D. Qiangqiang, Q. TongHui, L. Yang, Q. Zhanwen, W. Zhiyuan, H. Zhongshun
Table of ContentsContents: 1. The Contractual Status in Context of the Rule of Law in China: from Rational Regulation to Virtue Recognition QI Tonghui 2. Legal Methods, Legal Certainty and the Rule of Law Lei Lei 3. Populism Tendency in Public Governance and its Legal Resolutions – on the example of conflicts by the PX programs Feng Hui 4. The Hermeneutic Circle between Constitutional and Criminal Norms: The Conceptual Integration between Robbery Accompanied with Housebreaking in Criminal Law and the Right to Freedom in the Home in Constitutional Law Du Qiangqiang 5. Between ‘Public Interest’ and ‘Private Right’: Rethinking Criminal Illegality Cognition Theory Wang Zhiyuan 6. The Classical Cases of Necessity and the Difficult Problems of the Law He Peng 7. System on Air Space Utilization within Urban Planning Law Xiao Jun 8. Trade practice and unfair competition Fan Changjun 9. Suggestive construction on China’s use requirements for exercise of rights on registered trademarks – based on the corresponding legislations of the EU and its main Member States Wang Fang 10. Self-replicating Technology and the Application of Patent Exhaustion: Focusing on Genetically Modified Seeds Que Zhanwen 11. An Investigation into the Validity of the Life Insurance Contract without the Consent of the Insurant Yu Haichun 12. On the Combination of Public Interest Litigation and Private Interest Litigation and the Establishment of Group Litigation with Chinese Characteristics Huang Zhongshun 13. United States Court for China: An Alternative Mode of Extraterritoriality Li Yang Index