Compared with the general civil legal relationship, the legal relationship of rural land contract management in China shows a strong particularity, including the complexity of the causes of disputes, the necessity of diversified settlement of disputes, and the urgency of maintaining the stability of the rights and interests of the land. In this context, the law on Mediation and Arbitration of Rural Land Contract disputes has been adopted to establish an arbitration system for rural land contract disputes, making it a unique procedure for solving rural land contract disputes. The convenience, authority, specialty, and high efficiency of the arbitration system of rural land contract management meet the practical needs of solving disputes of rural land contract management. In this regard, in order to give full play to its advantages in dispute resolution, the arbitration shall be taken as the premise in the future revision of the Arbitration Law and relevant legal systems to avoid the disadvantages of “arbitrable and adjudicable” setting, such as insufficient authority, no selectivity and even no door for acceptance. At the same time, expand the scope of acceptance and application of arbitration to give part of the final effect of arbitration; Learn from the civil and commercial arbitration system to improve the rural land contract dispute arbitration system; Improve relevant supporting measures, improve the level of the arbitration award, make it become the first choice, the main dispute resolution mechanism.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

This paper discussed China's e-commerce policy after COVID-19, as well as recent FTAs and RCEP e-commerce specifications. During the pandemic, the innovation and development of non-contact businesses through e-commerce are creating a new growth momentum. In addition, one belt, one road strategy has put forward various policies and standards for the use of e-commerce to enter and invest in neighboring countries. However, due to the lack of detailed regulations and the conflict between domestic laws and the rules of the WTO, the leading powers are transferred to the United States and the European Union. This paper analyzed the FTA and RCEP e-commerce regulations on data transfer and personal information protection issues and compared China's domestic law on network security and FTA, RCEP e-commerce chapter. We try to explore South Korea's e-commerce policy, in particular the inspiration for the development of China's cross-border e-commerce policy.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

This study focuses on contemplating the current situation of legislation concerning the opening of China’s legal market and analyzing the contents. There are three ways for foreign law firms to enter China’s legal markets according to the legislative system of China. First, it is possible to establish the foreign law firms’ representative offices in China however, those law firms are not allowed to hire foreign lawyers but limited to advise on the legislation, international treaties, and public internal laws of their countries. Second, another permission is to set up a representative firm in Shanghai Pilot Free Trade Zone (SHFTZ) implementing Economic Association between Chinese and Foreign Law Firms. In this case, it can process work in its scope or deal with international legal practice with Chinese and foreign collaboration methods. However, the representative employer and employees are not permitted to handle Chinese legal works in SHFTZ. Third, the last route to introduce is establishing a joint venture law firm in the inner part of China while founding a local law firm in Hongkong and Macao to collaborate. Employment opportunities are open to all lawyers in China and overseas countries including Hongkong and Macao. Also, filing a civil suit and administrative litigation are involved in their business range. Nevertheless, they are forbidden to work on administrative litigation related to the inner part of China.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

The 2019-2020 Hong Kong Protests had attracted global concerns about the autonomy damage by the Hong Kong National Security Law, but it was enforced from July 1, 2020. The key issues of the Law include the possibility of human rights violation, the restriction for freedom of expression, and the breach of the ‘One country, two systems’ principle. However Chinese government has emphasized the necessity of the Law to improve the ‘One country, two systems’ principle rather than breach or abolish it. So this study looked into Chinese opinions about the necessity of the Law, the breach of ‘two systems’ principle, and the impact on Hong Kong’s economy, by comparing them with Korean & other Asians’ ideas. Through the ‘One-way ANOVA’ and ‘Two sample t-Test,’ it can be said that Chinese generally agree on the Law but Korean & other Asians disagree on it. Such a favorable position of Chinese for the Law was also affirmed at the personal interview. It means the enforcement of the Law will continue under the Chinese government initiative in spite of deep global concern or opposition.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

Maker education, as a new teaching model that promotes innovation and cultivates a culture of innovation, provides a specific and feasible new education paradigm for optimizing the innovative talent training system. Although maker education in Chinese middle schools is in full swing, there are some problems in the process of promoting maker education when it comes to the matters of cognitive bias, quality supporting resources, and appropriate learning environment for maker education. In view of this, this paper puts forward the “Trinity” implementation path of maker education, which includes “re-positioning maker education cognition”, “building an all-round support system” and “creating a positive learning environment”, clarifies the development direction of maker education, and suggests the way to optimize the teaching system of maker education.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

The insurability of drunken driving liability, that is, whether insurance companies should pay for traffic accidents caused by the insured who is a drunk driver, has always been a controversial issue in China. Current legislation is conflicting. Insurance Law of the People’s Republic of China 1995 insists a negative view through the amendments in 2002, 2005, and 2013. Article 22 of Regulation on Compulsory Traffic Accident Liability Insurance for Motor Vehicles 2006 specifically this issue is believed to be ambiguous and still did not respond it in the 2019 revision. the Supreme people's Court in 2012 enacted the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases on Compensation for Damage in Road Traffic Accidents, which has established a supportive position in Article 18. These conflicts have been bringing difficulties to Judges in judicial practice. On the other hand, Judges have been increasingly inclined to support the insurability of drunk driving liability in judicial cases since more than a decade ago, as confirmed by the results of 168 cases between 2006 and 2012 and 262 sample cases between 2013 and 2019. However, these cases also show that the conclusions reached by judges in the application of the same provision are not uniform. From the perspective of the public function of liability insurance, the insurability of drunk driving liability should be supported, which is also the main reason why more and more Judges have been becoming supporters. Compared with others, the public function of liability insurance means that it can provide more protection both for the insured and victims, as a result, it would be a financial approach in governing risks of the State. And the practice and theoretical research in the US have proved that it is the fundamental driving force for the rapid development of liability insurance, including settling the problem of drunk driving, and the decline of moral hazard is also essential for the developing process. As far as the dispute, we should balance the relationship between public function and the commercial nature of liability insurance in the development, improve Chinese law by learning from the reform achievements of the UK in recent years. Accordingly, this article is divided into four parts. First of all, conflicts in current Chinese legislation are sorted out; secondly, there comes an analysis of the supporting views by Judges in judicial cases; thirdly, a key argument is demonstrated, that is, the insurability of drunk driving risk should be affirmed from the perspective of the public function of liability insurance; finally, the focus is how to balance the public function and commercial nature of liability insurance.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

With the rapid development of the Internet economy and the increasingly fierce global competition, innovation has become an important way for business enterprises to gain a competitive advantage. In order to innovate continuously, enterprises need a long-term systematic process, which requires effective coordination of various elements inside the enterprise. Tencent, founded in November 1998, is one of the earliest and most successful e-commerce companies and one of the largest integrated Internet service providers in China by service users. From a system’s perspective, this paper describes Tencent's innovation process by investigating its compensation management, talent management, organizational structure, and founder. In particular, the SWOT analysis is used to draw the implications of the enterprise's organizational structure and management innovation practice.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

This paper aims to increase the accessibility of primary health care services in vulnerable areas by telemedicine to resolve the problems of health imbalance caused by the increase in the number of chronic diseases such as high blood pressure and diabetes, the imbalance of medical demand and supply, and the continuous rise of medical expenses due to the super-aging of Korea. On the other hand, telemedicine in China, a neighboring country of Korea, can be seen growing and developing day by day. In order to explore the problems of telemedicine and the future direction in Korea, a comparative analysis of telemedicine between China and Korea was conducted. The background, policies, and some cases of telemedicine in China and Korea were investigated, and a comparison was made in terms of legal and financial support and provision standards. First, China government legally permits telemedicine and regulates basic principles, which is administered by the National Health and Family Planning Commission of the PRC and tries to promote telemedicine through procurement of guidelines. On the other hand, even though Korea has attempted to allow the legal of telemedicine, it has not been able to implement or even revise the law due to opposition from the medical community. Second, consumers of medical services in China can receive remote medical treatment, counseling, prescriptions, and delivery from medical personnel. However, only remote consultation between local and remote locations was mainly conducted in Korea. Third, telemedicine is not yet covered by health insurance both in China and Korea, and when China, which provides a wide variety of telemedicine services, attempt to expand the application of medical fees, Korea also discussed whether to apply for health insurance for telemedicine services. Consequently, Korea's telemedicine is not limited to pilot projects and research over the past 20 years, but it is necessary to revise the legal system that takes into account the needs of actual medical consumers and the cost-effective aspects of medical resources, and also gradually expand telemedicine through social consensus with the medical community.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

After the reform and opening up, the transformation of the Chinese economy into a market economy took place at a very rapid pace. Private entrepreneurial activities played a significant role in one of the pillars of this economic development. As the individual's economic freedom expanded and the factor market was formed in stages, the production activities previously in charge of the public sector in the planned economy were replaced by private entrepreneurs. New markets for products and services were continuously formed. Private entrepreneurship activities have been developing and playing different roles at different times in the transitioning Chinese economy. This paper explores its changing status by analyzing the developmental aspects of these private entrepreneurship activities. In this process, various aspects of Chinese private entrepreneurship activities are revealed and analyzed by region. The development of the Chinese market economy takes on a variety of shapes by region depending on the policy of the central government and the response to the conditions of the local government. This paper highlights the different status of private entrepreneurship activities by region and the policy approaches of local governments in China by analyzing them separately. Next, this paper highlights the crisis faced by Chinese private entrepreneurship activities and introduces the Chinese government's policy transition efforts to cope with it.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel

The concept of restorative justice has triggered the consideration of the issue of the leniency of victim's forgiveness from the perspective of crime prevention and control and has limited the range of application of it based on its principle. Normative researches on the leniency of victim's forgiveness are still being in a state of self-talking, and thus gaining experience from judicial practice to confirming and nurturing the normative researches is obviously a more effective way to ponder. Through the scientific selection and analysis of the samples of larceny, mayhem, and crime of causing traffic casualties, it is not hard to find the existing experience and operational mechanism of the strategies of controlling crime that is called leniency of victim's forgiveness in judicatory practice is not the production of normative research logic but is undoubtedly more accord with the peculiarity of victim forgiveness as a social governance mechanism and provides a direct reference for designing an elaborate and scientific system. From the sample analysis of larceny, collective empirical rationality in judicatory practice was given a more lenient treatment than the “Sentencing Guidelines” for the victim's forgiveness in it. From the sample analysis of mayhem, the severity of the crime of the perpetrator obviously related to the incidence of the victim's attitude on sentencing. From the sample analysis of the crime causing traffic casualties, whether the probation was suitable for some crimes was highly sensitive to the circumstances of the victim's forgiveness. Envisaging these collective experiences in judicatory practice, thus can the concept of restorative justice be realized more purposefully.

• EndNote
• RefWorks
• Scholar's Aid
• BibTeX

Export Citation Cancel