2019, Vol., No.24

ARBITRATION AND ADR, COMPONENTS OF THE NEW PARADIGM OF THE JUSTICE IN THE MODERNITY

Silvia Barona Vilar | 2019, (24) | pp.1~18 | number of Cited : 0

INCORPORATION BY REFERENCE OF ARBITRATION AGREEMENTS IN INTERNATIONAL MARITIME ARBITRATION: A SOUTH-KOREAN AND COMPARATIVE APPROACH

Carlos Esplugues | 2019, (24) | pp.19~50 | number of Cited : 0

The Research on Legal Issues of Equitybased Crowd Funding in China

MA WEI-DONG , ZHU HUIQIN | 2019, (24) | pp.51~67 | number of Cited : 0

Equity crowfunding is very crucial for the innovation-oriented countries and the development of equity crowdfunding platform opens the new gate for solving the problem of difficult financing existing in small and medium-sized enterprises, so it is of great significance to fasten the cultivation of new technologies, new industries and find out the new economic growth points. In China, the equity crowdfunding develops rapidly, but there are more and more problems being exposed, such as the forged projects in the platform, suspected legal absorbing of the public deposits, crowfunding swindle, issuing stocks and securities without supervision and permission and so on. All the frequently-exposed problems will seriously damage the legal rights and interests of investors. Nowadays, the formal regulation rules for equity crowdfunding platforms are not established and the relevant rights and obligations to be clarified for equity crowdfunding platforms from the perspective of legality are to be determined by the new “Securities Laws”. In this regard, it is of practical significance to improve the legal supervision and management mechanism in equity crowdfunding platforms as soon as possible. The paper analyzes the current status of legislation for supervision and management of crowdfunding platforms in China, as well as the relevant judicial practices. According to the problems of suspected legal absorbing of the public deposits, crowfunding swindle, issuing stocks and securities without supervision and permission and so on, the paper puts forward the suggestions on improving supervision and management of crowdfunding platforms in China and carrying on the systematic construction after drawing lessons from the mature modes of supervision and management in foreign countries. In this regard, the qualified investor access system shall be established, the hierarchical information disclosure mechanism shall be set up, the third-party fund depository system shall be improved, cooling-off period system for capital disposal shall be founded. It is recommended that the relevant supervision departments may follow them up timely and improve the legal supervision and management system in the platform as soon as possible so as to protect the rights and interests of investors in a better way.

The theory of fair liability limits of judicial application - in our country the tort liability law article 24 as the breakthrough point

Zhu,FuYong , LUO， FUYUN | 2019, (24) | pp.69~88 | number of Cited : 0

A Study on the Legal Structure of Long-term Rental Housing in China

Zhang Zhenbao | 2019, (24) | pp.89~125 | number of Cited : 0

A Legal Study on the Utilization of ETR

LEE SANG CHEON , KIM EUN YEONG | 2019, (24) | pp.127~160 | number of Cited : 3

The basic direction to utilize ‘mutual distributed ledger’ based on blockchain skill has not been fixed yet. Seemingly we can say that the blockchain industry should be supported regardless of cryto-currency, but actually there are unsatisfied supports for the blockchain industry by the government, for the time being it seems that we are trying to regulate cryto-currency. If it is difficult for us to say what kind of role cryto-currency could play, It should be also difficult to decide whether it would be right for us to regulate cryto-currency or not. Actually it would be self-contradictory that the blockchain industry could be boosted under the circumstance of cryto-currency regulation. we should note that the blockchain skill has originated from the beginning with cryto-currency. The idea of government would be that the blockchain industry could be promoted widely in other areas without crypto-currency. But we are in the circumstance that there is no better industrial area to take motive to research and develop blockchain skill from than cryto-currency. I think the attitude of government is almost as same as we should put aside the R&D of blockchain skill for the time being. As contrasted with us foreign countries such as Switzerland ets. are supporting crypto-currency very positively. They have made herbs for crypto-currency and blockchain industry, one of them is ZUG in Switzerland. We are behind Japan and China in blockchain skill. We are at the top in IT technology, but we are not so in blockchain skill, behind Japan and China. It should be said that we are in the hard situation to follow them. Timely the UNCITRAL has tried to define Electronic Transferable Records and in the end the UNCITRAL Model Act on Electronic Transferable Records was made in consideration of blockchain skill in 2017. We are in need of the legislative respondence to the above legislation by the UNCITRAL. However we have limits in solving the legal problems by way of the appliance of existing laws, and new legislation should be needed. Only to take the way of partial revision in existing laws shouldn’t be sufficient, if so all new legislation should be needed to solve the above problem. For ‘mutual distributed ledger’ based on blockchain skill as way of electronic registration is quite different from that of the existing concentric electronic registration. For all that, in my thought it is not the time to make the general basic law for supporting blockchain industry. It’s too early to do that. The legislation should not be biased against a special skill and be equal to every one.

Burden of risk by change of Legislation under the Contract for International Sale of Goods

WOOJOO BYUN | 2019, (24) | pp.163~181 | number of Cited : 1

KJCKorea
Journal Central

Journal of International Business Transactions Law 2023 KCI Impact Factor : 0.31

2019, Vol., No.24