Question 1

Lawyers are prohibited from working as solo practitioners.

Accepted Answer

The answer of Lawyers are prohibited from working as solo...

Question 2

The China Arbitration Association is the major arbitration institution in China.

Accepted Answer

The major arbitration institution in China is the China International Economic and Trade Arbitration Commission (CIETAC).

Question 3

Binary Arbitration Clauses allow parties to select CIETAC as the venue of arbitration and the UNCITRAL Model Rules as the rules of the arbitration.

Accepted Answer

The answer of Binary Arbitration Clauses allow parties to select...

Question 4

Under the influence Confucianism, parties would settle their own disputes and not seek a decision of a court or higher authority.

Accepted Answer

Confucianism emphasizes self-cultivation and moral responsibility, promoting the idea of resolving conflicts through personal relationships and ethical behavior rather than legal means. As a result, parties would ideally settle their own disputes without involving a court or higher authority.

Question 5

Chinese legal history was influenced by the tension between the li (moral values) and fa (legal rules).

Accepted Answer

This is true. Chinese legal history has been characterized by the ongoing tension between the moral values (li) that underpin social hierarchy and the formal legal rules (fa) that govern individual behavior. This tension has been at the core of the development of legal institutions and practice in China since ancient times.

Question 6

Foreigners wanting to invest in China must establish a general partnership with at least one Chinese citizen.

Accepted Answer

Foreigners can establish a variety of business entities in China, including wholly foreign-owned enterprises (WFOEs), joint ventures, and limited liability companies (LLCs). While it is possible for foreigners to form general partnerships with Chinese citizens, it is not a requirement for foreign investment in China.

Question 7

All real property is owned by the Chinese government.

Accepted Answer

The answer of All real property is owned by the...

Question 8

Rural land is generally controlled by "peasant collectives."

Accepted Answer

In many countries, rural land is controlled by peasant collectives, which are organizations of small-scale farmers who collectively manage and make decisions about the use of their land.

Question 9

Condominiums and commercial property are held through 99-year leases.

Accepted Answer

Condominiums and commercial properties can be held in various forms of ownership, including freehold, where the owner has permanent ownership, and leasehold, where the property is leased for a specific period, which might not necessarily be 99 years.

Question 10

Under the Property Law before a Condominium building can raise funds for the maintenance or renovation of the building it must obtain the consent of a simple majority of unit owners and the owners of a majority of the square meters in the building.

Accepted Answer

The specific requirements for raising funds for maintenance or renovation in a condominium building, including the percentage of unit owner consent needed, can vary significantly depending on the jurisdiction and the specific bylaws of the condominium association. There is no universal rule that applies to all condominiums regarding the consent of a simple majority of unit owners and the owners of a majority of the square meters in the building.

Question 11

Instead of a deed, an "owner" of real estate receives a Certificate of Right to Use that should be filed in the Real Property Register.

Accepted Answer

In some countries, such as China, the concept of land ownership is different from that in other countries, and a Certificate of Right to Use serves as proof of the right to occupy and use the land. This certificate should be filed in the Real Property Register, similar to how a deed would be filed in other countries.

Question 12

Legal transplants refer to the use of foreign judges to hear complicated cases that require great expertise.

Accepted Answer

Legal transplants refer to the adoption of foreign legal systems and principles into a domestic legal system, not the use of foreign judges.

Question 13

The Chinese Contract Law (CCL) adopted the common law rule that a party is not liable for damages related to negotiations of a proposed contract.

Accepted Answer

The Chinese Contract Law (CCL) does not adopt the common law rule regarding non-liability for damages related to negotiations of a proposed contract. Instead, it incorporates principles that can hold parties liable for pre-contractual liability, such as in cases of bad faith negotiations.

Question 14

There are three ways to challenge rules of governmental agencies: administrative litigation, administrative reconsideration, and administrative non-compliance.

Accepted Answer

There are primarily two formal ways to challenge rules of governmental agencies: administrative litigation, where one sues the agency in court, and administrative reconsideration, where one asks the agency to review and possibly change its decision. Administrative non-compliance is not a formal method to challenge rules but rather a decision to not follow a rule, which can lead to legal consequences.

Question 15

The Supreme People's Court's Opinion on the Positive Role of Litigant Mediation in Constructing Socialist Harmonious Society, which encourages mediation in the litigation process, has been abused by courts not will to render a final decision

Accepted Answer

The statement accurately reflects the issue with the Supreme People's Court's opinion, as it has led to some courts avoiding making final decisions by encouraging parties to mediate instead.

Question 16

Local communist party units or organizations are called danwei.

Accepted Answer

Danwei is a Chinese term that refers to local communist party units or organizations.

Question 17

The communist indoctrination system is the way the Communist Party controls the government by creating lists of Party members used to fill government positions.

Accepted Answer

The communist indoctrination system refers to the process of educating and instilling communist ideologies and beliefs in the population, rather than specifically creating lists of Party members for government positions. Control over government positions by the Communist Party is often a result of this indoctrination, but the term itself does not specifically refer to the creation of lists for government roles.

Question 18

The reversion of Hong Kong from British rule to China control created the "one country, two systems."

Accepted Answer

The reversion of Hong Kong from British rule to China control did create the "one country, two systems" policy, which allows Hong Kong to maintain a separate legal system, capitalist economy, and certain freedoms not found on mainland China.

Question 19

The following countries are known as the BRIC emerging economies.

Accepted Answer

The BRIC emerging economies include Brazil, Russia, India and China. Therefore, the correct answer is option E, which includes Brazil and India (B) and Russia (C). None of the other options include all the countries that make up the BRIC emerging economies.

Question 20

Some of the reasons that developing or emerging companies have failed to reach the status of a developed or advanced economy include:

Accepted Answer

High rates of corruption, failure to diversify their economies, and failure to restructure economies to be more open are all factors that can contribute to a developing or emerging economy's failure to reach the status of a developed or advanced economy. Each of these factors can create roadblocks to economic growth and innovation, ultimately hindering progress and preventing the country from advancing to the next stage of development. Therefore, the best answer is option D.

Quiz 7: Emergence of China