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Law and Criminology (R0)

Kailiang Ma

Shareholder Rights Protection Mechanisms for Chinese Financial Holding Companies

A Comparative Law Perspective

&lt;p&gt;1. Legal Analysis of the Concepts and Regulation Approaches of Financial Holding Companies Beyond China.- 2. Financial Market Regulation of Shareholders’ Rights in Financial Holding Companies Beyond China.- 3. Rethinking the Financial Market Regulation of Chinese Financial Holding Companies.- 4. Rethinking the Financial Market Regulation of Shareholders’ Rights in Chinese Financial Holding Companies.- 5. Legal Analysis of Shareholders’ Rights Protection in the Corporate Governance Codes for Financial Holding Companies.- 6. Legal Analysis of Shareholders’ Rights Protection in Financial Holding Companies Governance Beyond China in the Context of New Technologies.- 7. Rethinking the Shareholder Governance of Chinese Financial Holding Companies from the Perspective of Shareholders’ Rights Protection.- 8. Rethinking the Shareholders’ Rights Protection in Chinese Financial Holding Companies Governance in the Context of New Technologies.&lt;/p&gt;

Juridicum - Schriften zum Arbeitsrecht

Rechtsgrundlagen, Anwendungsbereiche und Inhalte des Gebots fairen Verhandelns

Law, Institutions, and Co-operation

EU Banking Union

Qizhen Humanities and Social Sciences Library

This seminal work establishes the digital rule of law as the fundamental trajectory for social governance and legal transformation in the digital era. Guided by the vision of "empowering the rule of law through digital technologies while anchoring digital development within legal frameworks," the Digital Law Research Team at Zhejiang University presents pioneering research in this book.

Practice and Reform

Digital Rule of Law

Economic Security in European Law and Policy

This book is intended to open up the new Springer book series on Economic Security in European Law and Policy. It collects contributions that resulted from the first two conferences on economic security and market regulation organized by the editors. Like the conferences themselves, this volume offers an interdisciplinary analysis of different aspects around economic security policy in Europe. The authorship is diverse, ranging from academics to practitioners and also political representatives. By this, the volume offers wide ranging views. The contributions consist of academic articles as well as shorter essays, making the volume accessible not only to academics but also to a wider readership.

Strengthening EU Economic Security

Routledge International Studies in Money and Banking

Financial crises are recurring events that expose weaknesses in risk management, regulation, and supervision. The 2008 financial crisis demonstrated the systemic nature of banking crises and the high cost of taxpayer-funded bailouts, leading policymakers to reform crisis-management frameworks. In the European Union (EU), these reforms included the Banking Union and the Bank Recovery and Resolution Directive (BRRD), which aimed to reduce reliance on public funds and address the "Too Big to Fail" (TBTF) problem. However, the framework has proven less effective for small and medium-sized banks, and recent stress episodes have revealed some inefficiencies, prompting further reforms through the Crisis Management and Deposit Insurance (CMDI) directive.This book examines lessons from past bank failures and evaluates the effectiveness of the EU's post-2008 resolution regime. It combines conceptual analyses with empirical case studies from Europe and the United States, exploring systemic risk, the TBTF dilemma, and the practical challenges of resolution. The cases highlight successes, controversies, and persistent weaknesses, such as liquidity provision, deposit-insurance fragmentation, and the treatment of smaller banks. Overall, the volume argues that although significant progress has been made, bank resolution remains a complex political and institutional challenge, and further reforms are needed to ensure a credible and effective framework for both large and smaller banks.The book is aimed at scholars, researchers and advanced students in the banking, finance and regulatory economics community, as well as regulators, policy makers and professionals working in central banks, supervision authorities, resolution agencies and deposit guarantee schemes.

Lessons for the Crisis Management and Deposit Insurance Framework

Bank Failure and Resolution in the EU

Study on the Chinese Legal Genealogy (1980–2016)

Beck international

European Contract Law

Transfer of Criminal Procedure

This book explores the theoretical foundations and practical implications of adopting a system of binding judicial precedents in civil law and mixed jurisdictions. Drawing from the author’s dual background in Latin American and European legal traditions, the book offers a groundbreaking framework for understanding precedents not merely as persuasive sources but as normative structures with formal binding authority. Written by Hermes Zaneti Jr., a renowned scholar and public prosecutor, this work emerges from a comparative constitutionalist perspective and engages deeply with the theory of Luigi Ferrajoli. It argues that the rise of stare decisis in hybrid systems like Brazil reflects both historical contingencies and a normative evolution toward legal certainty, equality, and rational adjudication. The book introduces the notion of normative precedents and classifies their binding force in three degrees, proposing an operational methodology for judges and courts to apply precedents while respecting constitutional principles such as judicial independence and the separation of powers. This sixth, revised edition includes updated doctrinal discussions, detailed comparative analysis, and a critical reflection on the Brazilian Code of Civil Procedure (2015) and the constitutional role of the judiciary in rights protection. With its robust combination of legal theory, dogmatic analysis, and historical development, this book provides scholars, judges, and advanced students with a comprehensive model for integrating precedent into constitutional democracies without sacrificing fundamental guarantees. Ideal for academics in comparative constitutional law, legal theory, and procedural law, The Binding Value of Precedents contributes to global debates on the normative role of precedent, judicial discretion, and the epistemology of legal interpretation in post-formalist legal systems.

The Emergence of Stare Decisis in Civil Law and Mixed Jurisdictions

The Binding Value of Precedents

This volume provides a comprehensive legal examination of BIMSTEC’s evolving institutional framework, critically analyzing its role in fostering regional cooperation and partnership in alignment with SDG17. The book explores how legal frameworks can serve as mechanisms for strengthening regional integration, enhancing policy coherence, and promoting multi-stakeholder partnerships across BIMSTEC member states. By engaging with legal scholarship and comparative regional models, it evaluates how BIMSTEC can facilitate cross-border trade, investment, and regulatory harmonisation to create a more interconnected and resilient economic bloc. The chapters collectively address the legal dimensions of SDG 17 by examining BIMSTEC’s potential in fostering public-private partnerships, improving regional governance structures, and establishing inclusive legal frameworks for sustainable development. Key themes include legal mechanisms for trade and investment integration, transnational crime cooperation, refugee governance, environmental stewardship, etc. The volume further delves into sector-specific legal reforms that can enhance institutional collaboration and knowledge-sharing within the BIMSTEC framework, drawing lessons from other regional organizations such as ASEAN and the EU.
With contributions from leading legal scholars, policymakers, and jurists, this book is an essential resource for those engaged in international law, regional governance, and sustainable development. By centering its analysis on SDG 17, it offers actionable legal insights into how BIMSTEC can strengthen institutional partnerships, advance collective decision-making, and reinforce the legal infrastructure necessary for achieving long-term regional cooperation.

Pathways to Sustainable Development and Regional Cooperation

Legal Reforms in BIMSTEC Member-States

Criminal Practice Series

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud. This new edition is fully revised with key developments including: - The meaning of 'dishonesty' as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575 - The dangers of instructing experts without sufficient expertise - Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055 - Attorney General's Guidelines on Disclosure 2022 - CPIA Code of Practice 2020 - Digital material and reasonable lines of enquiry This title is included in Bloomsbury Professional's Banking and Finance online service.

Fraud: A Practitioner's Handbook

This book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure—rooted in 18th- and 19th-century private law—continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.Through the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.The book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality—understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.This approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions—declaratory, constitutive, condemnatory, mandamental, and executive—highlighting their historical evolution and practical limitations. It challenges the rigidity of these categories, especially in contexts such as third-party embargoes and fraud against creditors, where procedural formalism can hinder effective legal protection. The discussion extends to the controversial admissibility of declaratory actions on facts, advocating for a more pragmatic and flexible interpretation that aligns with the realities of legal uncertainty and the need for judicial affirmation of rights and obligations.This work offers a renewed theoretical and practical framework for understanding the boundaries of judicial action. By integrating the principles of proportionality and adequate representation into the heart of procedural reasoning, it seeks to reconcile the individualistic origins of civil procedure with the demands of a complex, pluralistic, and constitutionally committed legal order.

Principle of Party Initiative

Shareholder Rights Protection Mechanisms for Chinese Financial Holding Companies

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