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VOLUME 7, NUMBER 1
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Contracting the Sustainable Marine Environmental Capacity Regulatory Mechanism
By DENG Haifeng
The marine environmental capacity is a special marine resource produced on the basis of seawater’s ability to self-purify. It is possible for the marine environmental capacity to become the object of property because it is perceptible, determinable, and relatively disposable. In this context, China should institute a marine pollutant discharge right, taking marine environmental capacity as an object of property. Such a right would take the form of a quasi-property, which the obligee will be entitled to use and thus seek profits. The marine pollutant discharge right will form the legal basis for allocating marine environmental capacity through the method of marketization. This would be a feasible channel through which to solve the problem of marine environmental pollution through private law, and a major opportunity to deepen the reform of the marine environmental pollution governance system for China. [read more...] 
Article | 7 Tsinghua China L. Rev. 1 (2014)
Should China Harmonize its Merger Assessment with the U.S. and EU?
By Ioannis Kokkoris
China’s Anti-Monopoly Law (AML) came into force in August 2008, and has been deemed “the equivalent of the United States’ (U.S.) Sherman Antitrust Act or the analogous portions of the Treaty Establishing the European Community.” The purpose of merger legislation is to capture concentrations that may have anti-competitive effects on the market structure. The recent financial crisis has illustrated the unprecedented difficulties that companies face, as well as the initiatives adopted at corporate and government level, in mitigating its adverse impact. A strategic response for struggling firms, and one of the means of implementing a successful debt restructuring process, is to combine or merge in order to achieve competitive and necessary efficiencies. Either a failing firm within a booming industry or firms in a distressed industry will choose to engage in a merger or acquisition as a means, inter alia, to ensure their viability or enhance their profitability. This article will address the concept of failing firm defense. In particular, it will deal with the implications of the failing firm defense in the EU and the U.S. The reason for choosing these jurisdictions is that both the EU and the U.S. have developed merger legislation and an extensive practice on the topic. This article will begin with a brief analysis of the main issues that surround the failing firm defense doctrine in the context of a concentration/corporate debt restructuring. Then, the notion of failing firm defense will be analyzed in general terms, since more details will be provided in the relevant section of the article dealing with each jurisdiction. The subsequent sections will deal with the different enforcement practices of the failing firm defense and failing division defense doctrines as these two have been developed in the legislation and case law of the United Kingdom, U.S., and China respectively. The penultimate section will expose some of the controversial issues surrounding the success of the failing firm defense doctrine. Finally, some concluding remarks regarding the failing firm defense, and failing division defense doctrines will be presented. [read more...] 
Article | 7 Tsinghua China L. Rev. 19 (2014)
The Hybrid HuKou: A New Proposal to Enhance Labor Mobility in China
By Eric Monkman
Since 1958, the Chinese household registration system, known in English as the hukou system (户口), has limited the ability of Chinese citizens to move from one area of the country to another. Under the hukou system, Chinese citizens who move from rural areas to urban areas are prevented from accessing many benefits that are available to their urban-registered peers, including education for their children. This prevents people from relocating to areas where they would be the most economically productive, and in turn contributes to economic and social inequality. The hukou system is also inconsistent with the obligations set forth by international human rights treaties, which China has ratified or may ratify in the future. This article will suggest that a new category of hukou registration could be created to enable migration to urban areas, promoting a gradual transition to urban registration. This new category, the ‘hybrid hukou’ registration, would increase China’s economic productivity, decrease inequality, and enhance human rights in China. The ‘hybrid hukou’ registration would also give Chinese cities time to adjust to the influx of newcomers, which would likely result from greater mobility. [read more...] 
Article | 7 Tsinghua China L. Rev. 79 (2014)
The Establishment of a Legal System in Anti-corruption Campaigns in the Early Days of The New China
By WANG Chuanli
Opposite to the mainstream academic view that little attention was paid to legal system building in the anti-corruption campaigns in the early stage of the People’s Republic of China (“New China”), this article focuses on not only the mass movement but also the establishment of a legal system in that period. Supported by numerous historical data, this article argues that a fundamental legal system for anti-corruption has actually been built in the early years of the New China. The Party Central Committee, Government Administration Council (renamed State Council), Discipline Inspection and Supervision Departments, and political-legal departments enacted and enforced a complete set of preliminary anti-corruption regulations and provisions conforming to the national conditions. Accompanying discipline inspection and supervision system and judicial system were also built. Criminal laws, administrative rules and regulations at that time all embodied the goal to combat corruption. [read more...] 
Note | 7 Tsinghua China L. Rev. 101 (2014)
China Law Update
Laws and Regulations
  • Key Amendments to the Environmental Protection Law of the People’s Republic of China
  • Key Amendments to the Budget Law of the People’s Repblic of China

Cases

Notice of the Supreme People’s Court on Issuing the Seventh Group of Guiding Cases
  • Zang Jinquan et al. Theft and Fraud Dispute
  • Hu Kejin’s Refusal to Pay Remuneration
  • Tianjin China Youth Travel Service v. Tianjin National Youth International Travel Agency for Unauthorized Use of the Name of Another’s Enterprise
  • Lan Jianjun and Hangzhou Xiaomuzhi Automobile Repair Polytron Technologies Co. Ltd. v. Tianjin Xiaomuzhi Automobile Repair Service Co. Ltd., etc. for Infringement of Trademark and Unfair Competition
  • Jiangsu Weilun Shipping Co. Ltd. v. Miranda Rose Company for Damages Arising from Collision of Ships

Decisions
  • Decision of the Standing Committee of the National People’s Congress on Establishing Intellectual Property Right Courts in Beijing, Shanghai and Guangzhou
  • Decisions of Standing Committee of the National People’s Congress on Universal Suffrage of HK Administrator and the 2016 Legislative Council Formation Method
  • Highlights of The decision of the CPC Central Committee on the Comprehensive Promotion of Several Major Issues of the Rule of Law

[Download Full China Law Update in PDF] 
China Law Update | 7 Tsinghua China L. Rev. 135 (2014)

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