Deck 7: Emergence of China

Question 1

In 2016-17, People's Republic of China (China) was ranked the second largest economy in the world.

Answer 1

True

Question 2

The initial transition towards a socialist market economy was called the 'Open Door Policy.'

Answer 2

True

Question 3

The Chinese currency is called the Yanset.

Answer 3

False

Question 4

The inefficiency of State-Owned Enterprises (SOEs) has become a major problem a stronger market economy.

Question 5

Cantonese is the official language of China

Question 6

The importance of relationships in Chinese culture is captured by the word quanxi.

Question 7

China's Constitution was enacted in 1949, which remains the fundamental law of China.

Question 8

The Chinese President is elected by the National People's Congress (NPC).

Question 9

The highest legislative or law-making entity is called the Permanent People's Parliamentary Committee.

Question 10

The People's Supreme Court (SPC) is accountable to the Standing Committee

Question 11

China became a member of the World Trade Organization (WTO) in 2012.

Question 12

The initial trial courts for major foreign-related cases are the Intermediate People's Courts.

Question 13

The Higher People's Courts are found at the provincial, autonomous, and four designated cities levels.

Question 14

Higher People's Courts have jurisdiction to hear, criminal, civil, and administrative law cases.

Question 15

Maritime Courts are special courts set up to hear maritime or sea-shipping cases.

Question 16

China's legal system provides a right to two appeals.

Question 17

Under China's two-trial system there is no right to appeal.

Question 18

The System of Judicial Supervision of reexamination system allows the People's Supreme Court to select final court decisions for further review.

Question 19

Interpretive Decisions of the Supreme People's Court are binding on lower courts.

Question 20

All Lawyers are employees of the government.

Question 21

Lawyers are prohibited from working as solo practitioners.

Question 22

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

Question 23

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

Question 24

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

Question 25

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

Question 26

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

Question 27

All real property is owned by the Chinese government.

Question 28

Rural land is generally controlled by "peasant collectives."

Question 29

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

Question 30

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.

Question 31

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.

Question 32

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

Question 33

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.

Question 34

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

Question 35

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

Question 36

Local communist party units or organizations are called danwei.

Question 37

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

Question 38

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

Question 39

The following countries are known as the BRIC emerging economies.

A) Canada and Mexico
B) Brazil and India
C) Russia
D) Turkey and South Korea
E) B and C

Question 40

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

A) High Rates of Corruption
B) Failure to Diversify their Economies
C) Failure to Restructure Economies to be more Open
D) All of the Above
E) A and C Only

Question 41

Some of the reasons for China's low ranking in "economic freedom" include:

A) Inefficiency and power of State-Owned Enterprises
B) Weak Judicial System
C) Multiple Languages
D) Extensive pollution
E) A & B Only

Question 42

Qualifications to be a judge include:

A) Twenty-Three years old
B) Good Health
C) Good Moral Standing
D) All of the Above
E) None of the Above

Question 43

"Guiding Cases are issued by the Supreme People's Court in the following causes:

A) New Types of Cases
B) Cases considered Common or Typical
C) To Interpret Vague Laws
D) All of the Above
E) A & C Only

Question 44

The Chinese Contract Law (CCL) was heavily influenced by the following source:

A) German Civil Code
B) French Civil
C) Nordic Legal System
D) All of the Above
E) B and C Only

Question 45

Tactics used by foreign companies to protect their intellectual property rights in China

A) Dealing (licensing) directly with counterfeiters
B) Branding themselves as "Good Citizen Companies"
C) Assist police enforcement through Brand Protection Unites
D) All of the Above
E) A & C Only

Question 46

The Sino-Foreign Equity Joint Venture Enterprise Law provides the following for the rejection of the formation of joint venture with foreign entities.

A) Unfairness
B) Cause of Environmental Pollution
C) Failure to Commit to Socialist Principles
D) A & C
E) A & B

Question 47

The following entities are all part of the Communist Party structure:

A) Politburo
B) Central Committee
C) Secretariat
D) All of the Above
E) A & B Only

Question 48

The following characterize the features of Hong Kong

A) Rule of Law
B) Court of Final Appeal
C) Independent (from Mainland China) Judicial System
D) All of the Above
E) None of the Above

Question 49

Discuss the strengths and weaknesses of Chinese competitiveness in the world economy? What are the major obstacles to China's advanced me to a more advanced (innovation-driven) economy? What changes to the economic and legal systems are needed to improve China's competitiveness?

Question 50

Does the Basic Law (Constitution) play a different role in China then in the United States?

Question 51

What is the role of lawyers in the Chinese legal system as compared to the U.S. or common law system?