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The 2019 Hong Kong-Mainland China Arrangement on Mutual Assistance in Court-ordered Interim Measures: A Major Breakthrough for Hong Kong-seated International Arbitral Proceedings

  • Jun, Jung Won
    • Journal of Korea Trade
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    • v.24 no.6
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    • pp.101-114
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    • 2020
  • Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

Comparison of the Democratic Concepts of the People in Mainland China and Taiwan: Support and Understanding

  • Wu, Hsin-Che;Xiao, Long
    • Asian Journal for Public Opinion Research
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    • v.9 no.1
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    • pp.3-24
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    • 2021
  • Through an empirical comparative analysis, we found that people in mainland China and Taiwan demonstrate strong similarities in their support for democracy, based on democratic suitability, efficiency, preference, and priority. There are also differences in beliefs about democratic values. Compared to people in mainland China, the Taiwanese have a deeper and more widely shared belief in the principles of participation and pluralism, while the differences between their beliefs in the principles of equality, freedom, and checks and balances are narrow. Furthermore, people in mainland China and Taiwan have a strong similarity in their understanding of democracy, that is, they all present a mixed democratic understanding based on substantive bias. Overall, although the differences between mainland China and Taiwan's democratic practices are reflected in the level of value identification from the perspective of democratic support and democratic understanding, the popular democratic political culture in mainland China and Taiwan still has a relatively broad consensus. Thus, the integration and development of cross-strait relations not only has an increasingly profound social and economic foundation but also considerable consensus and mass support on the political and cultural level.

The Current States of the Mathematics Curriculum Reform in the Mainland China and Some Cultural Analyzing

  • Zhang, Xiaogui
    • Research in Mathematical Education
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    • v.13 no.2
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    • pp.91-101
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    • 2009
  • The mathematics curriculum reform has been carried out for almost five years (2004-2008) in the mainland China. But the teaching and learning in mathematics classrooms still are traditional in nature. Analyzing from the cultural angle, some reasons can be found: the orientation of teachers' role, teaching, and learning, the relationships between a teacher and the students, understanding the mathematics, and examination.

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A Comparison of Consumer Behaviors in China and Taiwan

  • Yang, Ching-Chow
    • International Journal of Quality Innovation
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    • v.3 no.2
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    • pp.183-198
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    • 2002
  • The purpose of this research is mainly to make an analysis and comparison of the purchasing behaviors of consumers in Mainland China and Taiwan. We precede this research with a questionnaire survey. In Mainland China, we targeted consumers of 10 department stores of the Parkson Plaza Co., Ltd. that are located in 10 different cities. In Taiwan, we selected 3 department stores of the Far Eastern Department Stores in 3 cities. The results of this analysis indicate the importance of quality attributes to the consumers for both Mainland China and Taiwan, albeit with some differentiations. The consumers in China are more focused on the merchandise for example as well as imitation, quality and price. Contrarily, the consumers in Taiwan are more attentive to service quality and parking Issues. On the level of evaluation of satisfaction, the differences are not so obvious for both sides. For example, the quality attributes of “No imitation products” and “Friendly servers” are ranked as the most satisfactory items for both sides. Generally speaking, the service quality of Taiwan's department stores is very outstanding. There are also some differences in the areas of lesser satisfaction between consumers of China and Taiwan. The consumers in China identified the quality attribute “the designs of merchandising, display and the usage of each floor” as the most dissatisfactory item, while the performance on this quality attribute is well accepted by the consumers of Taiwan's department stores. Another contradiction is that Taiwan's consumers are more concerned about “Parking”; this quality attribute obtained much less attention from the consumers in Mainland China. From the analysis of determinants that will have impacts on the willingness of customers to buy again, we found that the viewpoints of consumers from both sides are quite similar. The two main factors are “quality of merchandise” and “service quality”. However, the consumers in Mainland China care more about “the price of merchandise”; this is less important to the consumers in Taiwan. We may conclude from the importance and satisfaction level of the quality attributes and determinants for return customers that differences are caused mainly by the different management of the department stores and the different living circumstances of people across the straights.

A Comparative Study on Mis Research at Mainland China and Abroad (2002~2007)

  • Shao, Peiji;Wang, Yiwen;Tao, Zongcong
    • Management Science and Financial Engineering
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    • v.16 no.2
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    • pp.39-51
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    • 2010
  • Based on the literatures about MIS published in Mainland China and foreign journals from 2002 to 2007, this paper compares and analyzes the various research topics, research methods and the distribution of publication in MIS research. It brings forward three aspects of differences between the domestic and foreign MIS research and gives some suggestions to advance domestic research.

Enforcement of South Korean Arbitral Awards in Mainland China

  • YANG, Fan
    • Journal of Arbitration Studies
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    • v.25 no.3
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    • pp.113-133
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    • 2015
  • This article reviews some recent decisions of the Supreme People's Court (SPC) of the People's Republic of China (PRC) on the recognition and enforcement of several South Korean arbitral awards. It explains the implementation of the New York Convention in the PRC and in particular the so-called Report System under the current Mainland Chinese law and judicial practice. It identifies some deficiencies in the People's Courts' approaches to the application and interpretation of the New York Convention and argues that the Mainland Chinese courts should adopt the pro-enforcement principle in the determination of the relevant issues under the New York Convention. It proposes further enhancement of the Report System and that the current categorization of 'domestic, foreign-related and foreign' in the context of arbitration agreements and arbitral awards needs to be further reviewed and clarified by the SPC. Last but not the least, it recommends some steps that South Korean parties should take to enhance the enforceability of South Korean Arbitral Awards in Mainland China.

The Biosystematic Situation in China's Mainland: Its Strength, Deficiency, and Need with Special Reference to Insects

  • Yuan, Decheng;Xue, Dayong;Ji, Liqiang
    • Animal cells and systems
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    • v.1 no.3
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    • pp.447-450
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    • 1997
  • There exists a great need for biosystematics in China's mainland, especially because it is currently undergoing rapid changes. The present infrastructure for research and educateion was developed since the 1950s following the founding of the People's Republic of China in 1949. The total collection of insects in China's mainland now reaches over 13 million specimens, and about 190 specialists are engaged in biosystematic studies on insects. With these collections and expertise for research, China can offer biosystematic services on certain groups and function as the regional center both for referenced specimens and biosystematic information in East Asia.

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Secondary Science Teachers' Employment Systemin China Mainland

  • Jingjing, Luo;Xingkai, Luo
    • 한국과학교육학회:학술대회논문집
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    • 2008.08a
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    • pp.47-56
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    • 2008
  • This article presents how in China mainland a school and a school district find their science teachers. Based on studying relevant materials and years of intensive involvement in teacher education and recruitment practices the authors draw three features of the current secondary science teachers' employment system in China mainland: certification control conducted very loosely selection criteria and process vary with schools and school districts due to the remarkable difference existed among them the normal universities/colleges established originally only for secondary science teacher education still play a vital role in shaping effecting quality of teacher candidates although no one of them for a long time have focused on only doing what they were supposed to do. For further development, changes and essential reform are expected duo to the increasing promotion toward the internal quality of education and therefore high quality of teachers and teacher candidates.

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Listeromyces New to Mainland China (중국대륙일신기록층(中國大陸一新記錄層)-의충포낭속 ( Listeromyces ))

  • MA, Li-guo;MA, Jian;ZHANG, Kai;ZHANG, Xiu-guo
    • 한국균학회소식:학술대회논문집
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    • 2009.10a
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    • pp.20-26
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    • 2009
  • Listeromyces insignis, a species new to Mainland China, is reported and illustrated based on the specimen collected from dead branches at Mount Yuelu, Hunan Povince. This is the first report of the genus Listeromyces in Mainland China. The examined specimen is deposited in the Herbarium of the Department of Plant Pathology, Shandong Agricultural University (HSAUP).

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Assessing the Green Total Factor Productivity of Water Use in Mainland China

  • Ning, Meng;Wu, Zheru;Zhou, Zhitian;Yang, Duogui
    • International Journal of Computer Science & Network Security
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    • v.21 no.1
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    • pp.201-206
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    • 2021
  • The significance of high-quality development and green total factor productivity has attracted widespread attention and research, while few studies on green total factor productivity that considers the use of water resources have been conducted in the context of water shortages and water stress. In this study, the green total factor productivity of water use from 2005 to 2015 in mainland China is evaluated based on the global Malmquist-Luenberger productivity index. Results show that: (1) China's green total factor productivity of water use has been improving since 2005 with an annual global Malmquist-Luenberger productivity index of 1.0104. (2) At the regional level, the eastern zone in mainland China owns the highest green total factor productivity of water use, while that in the intermediate zone ranks last. (3) The green total factor productivity of water use in the southern region (1.0113) significantly higher than that in the northern region (1.0095), and also higher than the national average level in the same period. BPC index has been the most important incluencing factor of green total factor productivity of water use at both national level and regional level since 2011.