Table of Contents
Articles
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Ruihao Wang
DOI:10.26789/apjsl.v2i2.2114 AbstractThe new Company Law establishes a novel system for the accelerated maturity of shareholder capital contributions, yet it is only briefly stipulated through a single provision. In both theoretical and practical contexts, issues persist regarding divergent interpretations of its statutory conditions, procedures, and legal consequences. It is imperative to: 1.Unify the identification criteria for "inability to repay due debts": For creditors as claimants, adopt the "cessation of payment" standard to reduce exercise barriers; for companies as claimants, apply a liquidity-based assessment to preserve operational capacity. 2.Define resolution authorities: Designate the board of directors as the decision-making body when the company initiates acceleration, with obligations accelerated proportionally to shareholders' unpaid capital contributions to protect minority interests. 3.Clarify implementation mechanisms: When the company requests acceleration, apply the "asset pool rule" (debts recovered into company assets); when creditors request acceleration, enable direct repayment by shareholders to creditors under subrogation rights; for concurrent claims by both parties, adopt a sequential analysis based on litigation priority.
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Tianfei Lan
DOI:10.26789/apjsl.v2i2.2115 AbstractCorporate criminal conduct often exhibits dual illegality, whereby both administrative and criminal laws perform distinct yet complementary roles within the legal practice of corporate compliance. Specifically, criminal law serves regulatory and guarantee functions in corporate compliance, it provides substantive grounds for exculpation and mitigation of penalties, and fulfills preventive, deterrent, and supervisory effects against corporate crime. Conversely, administrative law functions as a normative guide and provides the legal basis for assessing the necessity of compliance as well as benchmarks for compliance evaluation. It thereby takes part in preventive, incentivizing, and punitive effects with respect to unlawful corporate behavior. In summary, the functional relationship between the two laws reveals a distinction between “prepositive law” and “guarantee law,” as well as between specificity and generality. In practice, administrative law tends to be more direct and moderate in its operation compared to criminal law. The establishment of a robust corporate compliance system requires the synergistic interaction and functional complementarity of both criminal and administrative law. Substantively, the two laws should jointly stipulate corporate compliance as a statutory ground, unify the compliance standards of administrative and criminal law. Procedurally, a full-chain governance model—encompassing prevention, process control, and accountability—should be adopted to construct a bidirectional coordination mechanism between administrative and criminal enforcement.
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Yong Gao
DOI:10.26789/apjsl.v2i2.2116 AbstractThis paper investigates the development of international legal talent in China against the backdrop of accelerating globalization and deepening legal modernization with Chinese characteristics. It argues that the cultivation of international legal professionals has evolved into a critical strategic priority, as legal capacity increasingly shapes China’s ability to participate in global governance and influence international rule-making. Despite notable progress, persistent gaps remain between the demand for high-caliber professionals with multidisciplinary competencies and the fragmented, often underdeveloped training frameworks that currently exist. Combining historical analysis with empirical inquiry, this study systematically traces the trajectory of China’s approaches to training international legal professionals. It examines the historical evolution, representative pathways, operational mechanisms, and structural tensions that define contemporary models of talent development. The paper further analyzes the role of universities and specialized training institutions, highlighting their contributions and limitations. Drawing on this analysis, it offers a comprehensive assessment of current practices and proposes directions for institutional innovation that can enhance China’s capacity to build a sustainable, adaptive, and competitive legal talent pipeline. The study holds significance on multiple levels. Theoretically, it contributes to the understanding of the interplay between legal modernization and the professionalization of legal services. Practically, it provides policy recommendations for educational authorities, judicial administration bodies, and the legal profession. Internationally, it underscores the importance of cultivating legal professionals capable of navigating complex transnational contexts and promoting China’s legal discourse power.
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Zeyue Shang
DOI:10.26789/apjsl.v2i2.2117 AbstractSouthern Song Neo Confucian scholars expanded their political influence and sought political resources through lectures and other means of disseminating ideas. Taking advantage of the changes in national policies after Emperor Xiaozong ascended to power, they gradually began to enter the political hierarchy of the Southern Song Dynasty. After going through the three dynasties of filial piety, light, and Ning, a political force deeply rooted in the political arena of the Southern Song Dynasty gradually formed and quickly climbed to the political core of the Southern Song Dynasty after Zhao Ruyu guided Shao Xi to meditate. However, within just two years, the emerging political group of Neo Confucian scholars collapsed, and Neo Confucianism was completely in trouble in Southern Song society. The essence of the Qingyuan Partisan Prohibition is a political game. Why did the Neo Confucian political group, which should have been in the development stage, fall to this point? It has positive significance for a correct and comprehensive understanding of the political model of the Southern Song Dynasty and the characteristics of literati in political interaction.
The prosperous academic atmosphere that continued from the Northern Song Dynasty underwent a reconstruction under the special political and military situation of internal and external troubles in the Southern Song Dynasty, which also led to a long-term unstable political operation within the court. The specific manifestations include the issue of the Jin Dynasty's emphasis on war and peace, the attitude towards Wang Anshi's reform and the Yuan You Party led by Sima Guang, and the many unexpected events of the emperor's abdication and succession, which led to the lack of a long-term stable dominant policy in the political situation of the Southern Song Dynasty. This also made it easy for Neo Confucian scholars to fall into multiple political disputes, which was obviously difficult for those with insufficient political experience to cope with. At the same time, although the Neo Confucianism of the Song Dynasty went through two stages of development and improvement with Neo Confucian scholars such as Zhu Xi, it was still in a developmental and immature stage in the early and middle periods of the Southern Song Dynasty, and therefore could not rely on academic reputation in society as its political support. Before and after the Qingyuan Partisan Prohibition, due to insufficient political consciousness and changes in the environment and situation, Neo Confucian scholars were in an extremely unfavorable position in competition with the Han political group, resulting in a large number of Neo Confucian scholars being severely persecuted. Since then, most scholars have completely withdrawn from politics, either devoted themselves to writing books and discussing Taoism, or retired to the countryside, making it difficult for them to make political achievements. The author believes that the difficulties faced by Neo Confucian scholars during the Qingyuan Partisan Prohibition can be summarized into three main aspects: weak political foundation, lack of governance ability, and distorted organizational models. The essence that led to its occurrence was the continuation of the party struggle between the two Song dynasties, as well as the continuation of Neo Confucianism and other schools of thought and competition. |
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Yibo Ma
DOI:10.26789/apjsl.v2i2.2118 AbstractData scraping refers to the act of using automated programs to extract and collect data from the internet. In China’s judicial adjudication, judges made different judgments on similar data scraping cases. The fundamental cause lies in the failure to clearly define the conduct and targets of these two types of offences, along with an inadequate analysis of the substantive legal interests protected by the crime of illegally obtaining data from computer information systems. Such act should generally be addressed under the crime of illegally obtaining computer information system data, and the fundamental connotation of data security should be understand as the content security of data information. In addition, illegal data scraping faces several challenges, including excessive criminal regulation, unclear logic regarding whether it should be criminalized and ambiguous boundaries of illegal scraping. In light of these issues, we should insist using prepositive law such as civil law to make dahere regulation, and uphold the spirit of moderation in criminal law. Furthermore, the standards for criminalizing scraping act should be raised. If an act merely violate website agreements, or bypass the anti-scraping measure but there is no explicit prohibition, or involve minor offenses should not be punished by criminal law. The principle of moderation in criminal law must be consistently applied throughout the regulation of such behaviors.
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Run Qiang
DOI:10.26789/apjsl.v2i2.2119 AbstractThe right of habitation originated in Roman law, which established a right centered on possession and use over the husband’s or master’s dwelling to address the housing needs of women in marriages without ‘manus’ and emancipated slaves. In China, the right of residence was first formally articulated in 2002 . A more detailed draft provision was introduced in 2005. While some scholars argued that the scope of application of the right of habitation is narrow and there is no need to establish it. The right was ultimately incorporated into the Civil Code in 2021, reflecting the national commitment to "housing for all".The codification of the right of habitation serves to protect vulnerable groups and enhance family harmony and social stability. However, the system remains underdeveloped, leading to difficulties in the enforcement against properties subject to such rights. This study collects and categorizes relevant judicial cases to identify operational challenges and proposes refinements. The paper examines foreign legal regimes governing residential rights, analyses the implementation status in China, investigates causes of enforcement obstacles, and proposes recommendations for system improvement.
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Zhi Li
DOI:10.26789/apjsl.v2i2.2120 AbstractWith the passage of time, telecommunications fraud has evolved as an emerging form of crime, and the "black and gray industry" chain behind it has become increasingly active, showing diversified and specialized characteristics. The 'black and grey industry' is not only intended to provide various types of means and platforms for online fraud crimes, such as malicious software, false identity information, illegal trading platforms, etc., but also to deeply develop every aspect of the entire fraud behavior. In the preparation process, there is also a large amount of resource supply, such as a large number of obtained or forged online accounts, illegal circulation of mobile phone black cards, etc. During the execution process, the laundering of stolen funds and the disposal of stolen goods have become the breeding ground for telecommunications network fraud. The project will conduct in-depth research on various aspects of "black and gray production" from the perspective of criminology, revealing the current difficulties in the governance of "black and gray" in China. Through analyzing its causes, relevant rectification measures will be formulated. To comprehensively enhance the comprehensive effectiveness of cracking down on illegal activities related to black and gray industries, and to construct a new social management model of "co construction, co governance, and sharing". Telecom network fraud "black and gray products" can be roughly divided into: mobile phone black cards, network account industry chain, data traffic threats, etc., from implementation to processing. After in-depth research, we believe that the "black and gray production" industry chain has problems such as difficulty in feature recognition, difficulty in obtaining clues due to intelligent criminal tools, difficulty in source control due to dispersed criminal division of labor, and difficulty in legal sanctions due to the lack of legal regulation. To address this illegal behavior, it is necessary to strengthen the control and governance of "black and gray products", establish a multi-level and multi-dimensional governance mechanism for telecommunications network fraud and online fraud, and improve the public's security level. In view of the industry control and management of the "black ash production" of telecommunications networks, it is proposed to strengthen the supervision and management of telecommunications, Internet, finance and other fields; In response to the new governance model of "black and gray production", this project aims to "gather diverse governance forces with high technology, optimize diverse governance structures to achieve collaborative governance, improve legal norms to ensure the implementation of diverse governance, strengthen regulatory measures to enhance the effectiveness of diverse governance", in order to achieve effective governance goals. In the construction of a new "multidimensional" governance mechanism for the black and gray industry, it is proposed to crack down on the entire black and gray industry chain, give equal importance to the disposal of involved property and sentencing, and build a "multidimensional protection" three-dimensional personal information architecture. A new propaganda model centered on goals has been proposed to enhance citizens' awareness of public security, strengthen the promotion of warning information, and facilitate supervision and reporting channels.
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Haixiao Ren
DOI:10.26789/apjsl.v2i2.2121 AbstractIn the rapid development of information and economy, the phenomenon of juvenile crime has gradually emerged. However, youth crime should not be limited to the crime of concern or the perpetrator itself. More profound factors from the social level and the policy system should be considered. This research compares the youth justice systems in mainland China and Scotland, focusing on one question: How are children who commit offenses treated in China and how does this compare to Scotland? Discuss how different approaches and policies can solve same problems. Given the high ethical sensitivity of qualitative youth research, this study employs a comparative literature case study methodology. It analyses and contrasts relevant reform measures, legal provisions, and practical outcomes within the judicial systems of both jurisdictions. The research aims to identify similarities and differences in youth governance approaches across two judicial territories characterized by distinct cultural backgrounds, political systems, social structures, and economic frameworks. It examines their compliance with the requirements of the United Nations Convention on the Rights of the Child (UNCRC), their efforts to refine governance concepts, and the distinct obstacles and challenges each faces. There exists no universal policy for addressing juvenile delinquency, nor any perfect model capable of eradicating it entirely. The optimal approach lies in a judicial system that adapts to national circumstances and evolves alongside societal development. Through comparative analysis, it is possible to gain clearer insight into the strengths and weaknesses of each system, thereby incorporating superior practices into judicial reforms.
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