April. 2008

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Chance & Risk written by Mr. Hai Yang, president of Steel together with Shelley Shen, Risk controlling expert, printed by China Logistic Publishing House in March 2008, is about distributed to the public.

2008 Mid-Term of Directors Meeting of WAD will be held in Marbella, Spain on May 1-3, 2008.

2008 Annual General Meeting of CII will be held in Halifax , Canada on August 26-30, 2008. 

The amended Order No. 109, Rules on Law Firms of Hong Kong SAR and Macao SAR affiliated with Law Firms of Mainland China was issued by Ministry of Justice on March 6, 2008, refer to the details on  http://www.law-lib.com/law/law_view.asp?id=251479 .

According to the application of plaintiff Shanghai Ju He Tang Advertising Co., Ltd., Shanghai No.1 Intermediate People’s Court adopted preservation of property before the institution of action on the RMB500,000.00 assets of the defendant which was an online clothes distributor on the internet payment platform---alipay. This was the first time Shanghai No. 1 Intermediate People’s Court executed successfully on the virtual network assets.  

Intermediation and Arbitration Law on Labor Dispute will be formally actualized on May 1, 2008. This is another significant law in the labor security area after Labor Contract Law and Job Promoting Act.

Chengdu Daily: two local communication carriers carried out new options to protect the rights and interests of consumers. Chengdu Telecom stated that they would go deeper to promote the nine services promises. Sichuan China Mobile announced that they would promote “Golden Service, Satisfaction 100%” activities to improve the service quality and sweep up all the spam messages together with the society .

Zhiguo Jin, NPC deputy and president of Tsingtao Brewery Group, appealed the outline and detailed construction options of systemize society, enterprise credit system, completed punishment rules of credit failure, credit agency, and personal credit identity .

Author: Hua Guo,

Source: Prosecute Daily

Nowadays, some scholars think: “if the Criminal Procedure Law of epistatic validity still stayed the same, some provisions of the new Layer’s Law could be hard to be carried out.” In their opinion, the modification of the Lawyer’s Law was a chance for the modification of Criminal Procedure Law.

Then the question is how to modify the Criminal Procedure Law?

Criminal Procedure Law as the seismograph of the states basic law, just like the top of the mast, is strongly sensitive to the slightest movement of the hull. Because the modification of Criminal Procedure Law is pertaining to the power adjustment among authorities, especially the power arrangement of prosecutorial organs and people’s courts and those are pertaining to the whole justice system. Without the alteration of the justice system, modification options pertaining to prosecutorial power is hard to get support by the institution and hard to be completed, especially the options of investigative measures and compulsory measures of judicial review. However, some of the modification of Criminal Procedure Law was not up to the change of the justice system, a method of “from technical to system” shall be adopted. The adoption of this method shall be carefully carried out. The extrusive and urgent problems shall be solved step by step to the point and promote the reform of the justice system. The adoption shall be based on the problems exposed from current misjudged case and maintain the connection between statement and evidence, do not threw the baby out with the bath water. And the modification of Criminal Procedure Law shall accord to the important point of the slogan” Deepen the reform of justice system and construct socialism justice system of fair, efficient and authoritative”, which was declared in the Seventeenth National Congress of the Communist Party of China. The modification shall also materialize the work key points of the CPC in the new period. To the matters pertaining to justice system, the modification adoption shall be carried out step by step and the reconstruction is out of the option.

Our scholars adopted the modification clew of 1996 to the Criminal Procedure Law. There is not only the modify plan for the litigation institution but also modify and complement to basic rules, such as principle of presumption of innocence and principle of unforced self confession which mean a lot to the second time of the Criminal Procedure Law modification. It is known that for this time of modification will be carried out by the NPC Standing Committee with the similar modify method of Amendment of Criminal Law. The change of main body during the modification of Criminal Procedure Law is always involved with the change of jurisdiction, so the connection between the modification and the legislative jurisdiction shall be well handled with.

Criminal Procedure Law is one of the basic laws constructed by NPC, and according to the constitutional prescription, NPC Standing Committee has the power to amend and complete the basic laws after the NPC is closed, while the modification shall not conflict with the principle of the law. So if the Standing Committee of NPC has the power to amend, accrete or complete the basic principles of the law, this is not just a legislative technique question and in fact is pertaining to the issue of constitution. Therefore, it shall be paid more attention during the second time of modification of Criminal Procedure Law, and especially the aspect of legislative technique shall be surveyed.

Pacta Sunt Servanda is the obligation of the parties concluded the treaty which is also necessary and incontestable. As long as we have joined a number of international conventions on the subject of criminal prosecution, we have to obey the rules of international criminal judicial criteria.

Pertinent regulations of international convention are the reference our scholar uses the most in the modification of Criminal Procedure Law. We would compare the clauses between the international convention we take part in and our Criminal Procedure Law and make it the reference and clew of the modification. There is no inculpable with this way of modification.

However, the modification of Criminal Procedure can not apply mechanically the clauses of international convention. The point is how to translate the clause of international convention to options suitable to the Chinese system background. As some of the phases are described in different background but the same entity, the noun transplantation is unnecessary and the local concept is absolutely suitable.

The promoting of Criminal Procedure Law modification is of emergency and the way of promoting shall be carried out based on the legislative technique and at the same time considering the system of Chinese constitutional government and justice system, pointing to the problems of the weakness of current justice system and the most extrusive issues for modification.

Author: Yuqing Li 

Source: China Manage

In China , if a concept or theory becomes popular, it will be suddenly overrun, such as “Wolf Culture”, “Cheese”, “ Blue Sea ”, and “The Long Tail”. It is like the authentic oyster suddenly becomes garbage on the ground, so is the enterprise culture, a bag capable for no matter what.

Some people do not understand what the culture of an enterprise is, and some of them are just shouting loudly however their behaviors just make enterprise culture worthless and screw it. It is insane or what, some one thinks the cultures can golden them, fancy clothes can noble them. They mean to raise their taste however they just ruined the outfit.

Culture is not just a phase for writing, for shouting for prescription even not for knowledge.

Culture needs approve, approve of corporate, approve of memorable and consciousness. Culture is a concept of values core not of a knowledge core. Culture is agreement of consciousness and inner recognize.

Bosses and Managers who engross the culture shall make it clear that only when your sparkles are recognized by the staff, and it can be called enterprise culture. As “Commit No Nuisance” is a phase of prescription and not of Culture, when the slogan “Sincerely Always” is recognized, memorized and obeyed by every staff, it becomes the culture.

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