In China, it is of significance to conduct further research and practice on the case law to guard the violations of laws and rules such as false information, trading on inside information and market fraudulence.
In Common law system , an innovation is allowed unless it is forbidden by law. And case law tradition and the flexible interpretation of law by judge also provide the ideological and institutional guarantee for the people' s creative activity.
In Common law system, an innovation is allowed unless it is forbidden by law. And case law tradition and the flexible interpretation of law by judge also provide the ideological and institutional guarantee for the people's creative activity.
Thus, the English Law Commission, in its report on shareholder remedies (The Law Commission Report No.246,“shareholder Remedies”), recommended a “New Derivative Action” which will completely substitute the derivative action in case law.
但是,英国普通法项下的派生诉讼制度的使用极不令人满意,因而英国法律委员会在其关于“股东救济方式”的报告(The Law Commission Report No.246,“shareholder Remedies”)中推荐了一种新的派生诉讼程序。
To bring derivative actions in English case law, a shareholder has to establish that, (a)a fraud on minority; and (b) wrongdoer control. However, the application of derivative action is significantly unsatisfactory in English case law.
欲提起派生诉讼,单个股东必须证实,(a)存在着对少数股东的欺诈行为(fraud on the minority)及(b)实施不正当行为的人控制着公司并能阻止公司以其自己的名义起诉(wrongdoer control)。
The article will then comment on the recent case law of the ECJ (and the reactions to it in academic literature) on the entitlement, for not economically active EU citizens, to social minimum benefits in the state of residence.
The role of international law in bilateral negotiations supports the conclusions the case law has reached on the significance of bilateral delimitation treaties for the formation of customary international law.
This article seeks to answer this question looking at state practice and the case law.
In the case law relating to maritime delimitations, the role of proportionality has been enlarged geographically as well as functionally by international courts and tribunals.
It examines the law of the ICTY and the ICC, including the relevant case law.
Abstract As the mark of companys personality separate,limited liability has been recognized by modern company law for its available and efficient role.As the guarantee of companys personality separate,unlimited liability has also been recognized by modern case law for its important role.Chinas company law should include some articles on unlimited liability.