Showing 1 - 10 of 210
This Article, forthcoming in the American Journal of Comparative Law, assesses how Chinese intestacy laws augment and redress wealth inequality. In 2021, China’s first civil code took effect, reforming among other things the decades-old Succession Law. Focusing on the intestacy rules (the...
Persistent link: https://www.econbiz.de/10014265093
This Article investigates the evolution of the Chinese legal mechanism for medical malpractice dispute resolution (MMDR) from the establishment of the first rules for MMDR in 1955 to the promulgation of the Regulation on Preventing and Dealing with Medical Malpractice Disputes in 2018. Using...
Persistent link: https://www.econbiz.de/10014106321
Persistent link: https://www.econbiz.de/10012832139
Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy...
Persistent link: https://www.econbiz.de/10012835308
This paper revisits the long-standing quantity-quality (QQ) tradeoff hypothesis. Extant research uses exogenous variations in family size for the QQ tradeoff estimation, including twinning, gender composition, and family planning. A scrutiny of China's family planning enforcement indicates that...
Persistent link: https://www.econbiz.de/10013307404
China's birth control in the late 20th century remains one of the most controversial social experiments in history, with profound and persistent impacts. This paper unmasks the underlying incentives for various population policies and their enforcement across time and space. I undertake a batter...
Persistent link: https://www.econbiz.de/10013307405
This paper proposes ‘marriage transmitted debt’ (‘MTD’) in China as a new concept as opposed to ‘sexually transmitted debt’ (‘STD’) documented in English and Australian jurisprudence. MTD refers to debts incurred by one spouse but transmitted to the other spouse due to the status...
Persistent link: https://www.econbiz.de/10013219655
This paper explores whether the patent law and intellectual property rights (IPR) system have resulted in innovation in China during the reform period. It appears that the patent laws have produced a stock of patents, where the success rates of patent applications are fairly uniform across the...
Persistent link: https://www.econbiz.de/10004977872
China will develop its own competition law on its own terms and on the basis of its own institutions, traditions, and goals, as it has in other recent contexts. It is unlikely to accept any foreign model of competition law as its own. In making choices about what kind of competition law to...
Persistent link: https://www.econbiz.de/10013078947
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...
Persistent link: https://www.econbiz.de/10013036266