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18-01-2018

PART A-The title of the essay is ‘What does public interest mean under property law of the PRC’.

The concept of public interest appears in Chinese property law, as well as in various other laws and regulations.  The right for the government to take private property (remember you cannot own land in China) can only be undertaken if there is a public interest need. You are to write an essay whereby you seek to define what is meant by public interest by searching through related laws and articles in China.   

PART B-.You need to conduct a research and write a research essay (Essay) on the following topic: 

The Provisions of the Supreme People's Court on Certain Issue Concerning the Application of the “Company Law of the People's Republic of China” (IV) – Transfer of Shares in Limited Liability Companies.

On 25 August 2017, the Supreme People’s Court promulgated the Provisions of the Supreme People's Court on Certain Issue Concerning the Application of the “Company Law of the People's Republic of China” (IV) (Fa Shi [2017] No. 16) (hereinafter called the Judicial Interpretation IV), which became effective on 1 September 2017.  You have to read the Judicial Interpretation IV and, based on the Judicial Interpretation IV, write an essay to explain how the provisions in the Judicial Interpretation IV supplement and/or clarify Article 71 of the Company Law of the People’s Republic of China 2013.  In your Essay, you also need to comment on the strength/merits and weakness of these provisions in the Judicial Interpretation IV. In writing the Essay, please note the following: i. the term “equal terms and conditions” in the English translation of the Judicial Interpretation IV in Westlaw China was translated as “same conditions” in the English translation of the Company Law of the People’s Republic of China 2013 in Westlaw China; ii. ignore any provision concerning State-owned shares;  iii. the lecture for Week 4 (Company Law) was recorded and posted on iLearn before the promulgation of the Judicial Interpretation IV; and iv. the Lecture Notes for Week 4 (Company Law) were prepared and posted on iLearn before the promulgation of the Judicial Interpretation IV.

PART C-You need to conduct a research and write a research essay on the following topic:  

The Thirteenth Five-Year Plan for Economic and Social Development of the People’s Republic of China (2016 – 2020) (the 13th Five-Year Plan): Emissions Trading and Foreign Investments   
In this Part C of the Assignment, you need to discuss both of the following issues:

1. Emissions Trading Which trading scheme has China adopted in its new National Emissions Trading Scheme 2017? Where were the original pilot emissions trading schemes situated in China?  MRV (monitoring, reporting and verification) are an essential part of an emissions trading scheme. What were the problems experienced with these original schemes?  What do you see are the main challenges faced under China’s National Emission Trading Scheme 2017?

2. Foreign Investments  Section 1 of Chapter 50 of the 13th Five-Year Plan states that China “will unify laws and regulations for domestic and foreign capital” and “will improve the national security review system for foreign investment”.  Discuss how these two objectives in the 13th Five-Year Plan will be achieved if a law is enacted by the National People’s Congress or its Standing Committee as per the Foreign Investment Law of the People's Republic of China (Draft for Comments) that was promulgated by the Ministry of Commerce on 19 January 2015.

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The law relating to public interest as a concept first emerged in the US in early 20th century. Since then the concept has been expanded to different parts of the world. Thus, it can be safely said that the concept of public interest in legislation has been imported from the West to different parts of the world. The rules in regards to the validity of the resolutions of the shareholders and directors of a company are very general in nature in the Company Law of People’s Republic of China. As per Section 1 of the Thirteenth year plan describes about China’s two key objectives that will be accomplished if the National People’s Congress or the standing committee of this party passes the law.

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