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This paper aims to build a legal intelligent auxiliary discretionary system for predicting the penalty and damage compensation values. After extensively considering current the characteristics of the current Chinese legal system, a practical legal intelligent auxiliary discretionary system based on genetic algorithm-backpropagation (GA-BP) neural network (NN) is proposed herein.

An experiment is designed to analyze cases involving mental anguish compensation in medical disputes, and a Chinese legal intelligent auxiliary discretionary adviser system is built based on a GA-BP NN. Because BP neural networks perform well for nonlinear problems and GAs can improve their ability to find optimal values, and accelerate their convergence, a combined GA–BP algorithm is used. In addition, an ontology is used to reduce the semantic ambiguities and extract the implied semantic information.

We confirm that a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques has good performance in prediction. By predicting the mental anguish compensation values, the legal intelligent auxiliary discretionary adviser system can help judges to handle cases more quickly and ordinary people to discover the suggested compensation or penalty. In contrast to BP NN or SVM, the result seems more close to the actual compensation rate.

Recently, smart court has been developed in China; the purpose of which is to build the legal advice system for improving judicial justice and reducing differences in sentencing. A practical legal advice system is an urgent requirement for the judiciary.

This paper presents a study of a case-based legal intelligent auxiliary discretionary adviser system based on a GA-BP NN and ontology techniques. The findings offer advice to optimize legal intelligent auxiliary discretionary adviser systems for mental anguish compensation in medical disputes.

Unfamiliar with the Chinese culture and ways of doing business, foreign architects/engineers/contractors (AEC) firms will encounter differences with the local parties. With reference to the characteristics of Chinese culture on disputes, this paper studies the problem areas of dispute and of resolving disputes in international construction projects in China. The objectives are to: examine the fundamentals of Chinese culture and ways of doing business; examine the characteristics of international projects and investigate any differences in the dispute problems arising from China International Projects; identify the most popular dispute resolution mechanism(s) for international projects in China; and recommend possible ways to reduce and resolve disputes of these projects.

After literature review, a questionnaire was designed for face‐to‐face interviews with 40 practitioners to collect their opinions.

The results show that the problem areas giving rise to disputes are mainly related to contractual matters. To reflect the characteristics of international projects in China, cultural and legal matters are also found to be the sources of problem. Arbitration is the most popular method, after negotiation, for resolving disputes in international construction projects in China.

The number of interviewees in this study could be improved and further study could include experts in Mainland China.

There is not much literature on dispute resolution management for international construction projects in China, with particular reference to cultural differences. This paper offers an invaluable reference for those foreign AEC firms interested in joining international projects in China.

The anti‐monopoly law (AML) of the People's Republic of China (PRC), which had undergone ten years of debate among the whole spectrum of China's society, was finally issued on August 30, 2007 and took effect on August 1, 2008. This paper seeks to assess the impact of these new laws.

Through an examination of the latest anti‐monopoly cases since the AML came into force, this paper seeks to study the goals and regulations of the AML, and attempts to foresee features of those foreign‐invested enterprises (FIEs) who are most risky under the new Law.

The new AML, called by some scholars a “landmark of China's economic reform” and “a great achievement of international cooperation” has given birth to mass legal subjects and far‐reaching influence to business circle both explicitly and potentially(Wang, 2008). The new Law attracts concerns from many foreign companies, especially those MNCs and tycoons having business interests in China. Many foreign commentators take the Law as a positive sign for their future investment in China, whereas complaints about the uncertainties of some outstanding issues doubtless persist.

The study provides an insight into antitrust changes in China and signals areas of concern for potential competitors

With the development of the Chinese economy and its gradually opened market, there are more and more chances for foreign business entities who want to expand their businesses in China. The insurance market is one the most attractive. However, getting the authorization for their insurance business is one problem they encounter. The purpose of this paper is to provide some different views about Chinese insurance license regulations for those who want to start their business in China.

Different from the office papers or Regulations of China, this paper is based on research interviews carried out in China (mainly in Beijing and Shanghai). The empirical methodology reveals the actual ideas and attitudes about Chinese insurance license regulations. Except that, the comparative about some issues have been carried on between Chinese insurance companies and foreign insurance companies.

The research interview reveals that it is not difficult for foreign insurers to meet the requirements of clauses of regulations. However, the attitude of Chinese insurance regulators and the culture background, and even the political opinions of the official leaders, have played a very important role in the decision of the regulatory body.

Owing to the limitation of funds and time for this interview research, the interviews were carried out mainly in Beijing, Shanghai and Shenzheng. Even most of head offices of insurance companies located in these cities, however, it cannot be said these views represented the 100 percent true opinions.

These findings cannot be said in public, while everyone can understand it. That is the value of this paper.

The purpose of this paper is to examine the two decades since Hong Kong’s return to Chinese sovereignty, assessing developments against the 1984 Sino-British Joint Declaration, the international agreement under which Hong Kong was transferred from British to Chinese sovereignty on July 1, 1997, and which first set out China’s “basic policies” toward Hong Kong.

The paper’s analysis of developments focuses particularly on areas of controversy, from the extent to which Hong Kong has enjoyed a “high degree of autonomy” to basic rights and freedoms and the legal and judicial systems.

It argues that on the whole, the policies set out in the Joint Declaration have been well implemented: Hong Kong has retained its separate systems since 1997, including rule of law and an independent judiciary, basic rights and freedoms, and separate government and social systems. However, especially since the “occupy” movement of 2014, questions about the sustainability of the “one country, two systems” arrangement have come to the surface.

The paper is distinctive in its assessment of developments against the 1984 Sino-British Joint Declaration.

The purpose of this paper is to explore China’s labour dispute arbitration system reform through analysing the degree to which it has attained its stated objectives – notably, independence, justice, efficiency and professionalism – from the perspectives of the arbitrators, previously ignored in research on China.

This paper used a mixed research method using questionnaires and interviews. Questionnaires were sent to all full-time labour dispute arbitrators in Beijing, China with a useable response rate of 71 per cent. Additionally, qualitative semi-structured interviews were conducted with 24 key stakeholders involved in the arbitration process.

Instead of establishing an impartial platform, the arbitration system endeavours to promote the state’s capacity to rule over labour relations. Its recent reform excluded arbitrational independence owing to concerns about reducing the Chinese Communist Party’s arbitrary power. Arbitrational justice was perceived to improve through case resolution efficiency, which made arbitrators minimise arbitration time, partly because of high caseloads but largely because of their key performance indicators. Quality of arbitration was compromised. The arbitrators understood the spaces and boundaries of the reform, and focused on increasing professionalism to enable them to more fluidly manoeuvre between the different political economic interests, above safeguarding labour rights.

The questionnaire size was too small for regression analysis. Future research should expand the sample sizes and conduct cross-regional studies.

In 2008, China undertook an arbitrational system reform – probing its practical influence contributes to the authors understanding about the changing institutional environment of Chinese labour relations.

As a pilot study on labour dispute arbitrators, this research presents the dynamics of the Chinese labour dispute resolution mechanism.

The paper aims to discuss the amended provisions relating to protection of minority shareholders (PMS) in the newly amended Chinese Company Law and evaluate whether it adequately protects the interests of minority shareholders.

In total, 26 cases will be examined by discussing the characteristics of the relevant parties involved, specifically plaintiffs, defendants, their lawyers, judges and also the grounds of complaint. A comparison will be made between the cases decided by following the first Company Law (1994) and the cases decided in accordance with the newly amended Company Law (2006).

The findings indicate that the amended Company Law has removed certain drawbacks in PMS present in the first Company Law (1994) but the New Company Law can protect interests of minority shareholders only to a certain extent. Further amendments are still needed.

This is one of the first studies to actually examine the implementation of PMS‐related provisions in the newly amended Company Law.

The purpose of this paper is to investigate consumer attitudes toward advertising regulation in local contexts.

A survey was carried out of 211 Chinese consumers and 205 US consumers.

It was found that the two samples converge in their views on free commercial speech, self‐regulation, and regulation by market forces. Yet, the Chinese are more likely than their US counterparts to support government regulation, endorse legal ban on strong sexual and indecent content, and favor rigorous advertising regulation. The females of both countries are more enthusiastic than their male counterparts about regulating strong sexual images in advertising and requiring advertising to promote positive values. Both countries witness considerable generational gaps, as the older respondents are more conservative in their views and more likely to support rigorous regulation of advertising.

The paper is the first to systematically survey consumers' attitudes toward advertising regulation.

Despite grave public concerns over information privacy and ongoing academic explorations of privacy policy, there is a general lack of understanding toward this issue in the legal context in China, the largest e-commerce market in the world. Departing from the extant literature of general discussion in nature, the authors undertook an exploratory study on the efficacy of e-commerce websites' privacy policies in China from the legal perspective.

The authors drew on a qualitative grounded theory approach to identify selective codes relating to the focal issue and established a theoretical framework therefrom. The authors then conducted theoretical integration by linking them to the Theory of Development Blocks and the System Justification Theory.

The research identifies a general distrust of Chinese consumers toward privacy policies and highlights that despite their growing concerns about privacy, the privacy policies are largely ineffective in reflecting legal enforcement, changing their perceptions or influencing purchase behaviors. It also reveals that the current Chinese legislation is unable to fully render consumers' confidence in e-commerce websites' privacy policies effectiveness and privacy protection due to its limited recognition and influences among them.

The research has multiple ramifications. The authors empirically confirmed a mismatch between customers' perception of privacy policies and their actual behaviors and then theoretically explained the seemingly conflicting scenario in the context of development block of legal enforcement and system justification. The authors theorized the absence of the legal enforcement in privacy policies to supplement the legal perspective to the literature. The research further leads us to suggest that the time has come to update and strongly enforce privacy regulation in China to fuel the further development of e-commerce sector in practice.