Contemporary Chinese Law and Legal System is a rich source for teaching, study and research in Chinese law and legal system and a useful guide for legal practitioners who are engaged in international practices involving China. The book provides an in-depth overview of modern Chinese law and legal systems with a thorough analysis of basic legal infrastructure, civil code, and legal mechanisms of international civil litigation in Chinese courts and foreign arbitration in China. It includes the most recent judicial opinions and practices pertaining to implementing civil code and enforcing foreign arbitral awards and judgements. Detailed and comprehensive, Contemporary Chinese Law and Legal System provides profound knowledge about the law and legal infrastructure in modern China.

Teachers’ emotions and inner states play a crucial role in academia as they affect almost all aspects of their job. Language teaching as a stressful and tense profession is full of adversities and traumatic experiences, mandating teachers to be psychologically tough aside from their pedagogical readiness. In tune with this, the current study provides an overview of this area of research drawing on positive psychology and four fresh constructs, namely, resilience, buoyancy, care, and students’ engagement. More particularly, this review article presents the definitions, conceptualizations, dimensions, cognate terms, and influential factors related to each construct. Next, related empirical studies are reviewed to justify the results and position the current article in the body of knowledge in this domain. Finally, implications, gaps, and recommendations for future research are presented.

Contract performance concerns the accomplishment of legal duties or obligations that become due as agreed upon by the parties under the contract. This chapter reviews the principles that govern the performance of contract. As in civil law, the Contract Law has a clear emphasis on the principle of compete and adequate performance because performance is what the contract is all about in terms of realizing the goal for which the parties have bargained. Closely related to the complete and adequate performance is the principle of good faith performance. The right of defense to non-performance of contract is a civil law concept that is designed to protect obligor from being harmed by the abuse of right of the obligee. In addition to the rights of subrogation and cancellation, the parties may set forth through agreement a guarantee to ensure the performance of the contract.Keywords: adequate performance; compete performance; contract law; contract performance; good faith performance

This study investigates the effects of a scenario-based assessment design on students' writing processes. An experimental data set consisting of four design conditions was used in which the number of scenarios (one or two) and the placement of the essay task with respect to the lead-in tasks (first vs. last) were varied. Students' writing processes on the essay task were recorded using keystroke logs. Each keystroke action was classified into one of four writing states: planning, text production, local edit, or jump edit, and a semi-Markov model was fit to the data. Results showed that the single-scenario and essay-last design encouraged fewer but longer editing states compared to the alternative designs. Additionally, this task ordering appeared to have enabled more fluent and efficient text production when paired with a single scenario. These results seem explainable from cognitive writing theory, particularly with respect to working memory load. Limitations and future directions for research are also discussed.

Amazingly, almost all Fortune 500 companies have a business presence in China. This phenomenon indisputably demonstrates that China has now become the center of global attention. Yet many foreign businessmen and lawyers still feel discomfort about Chinese law and the legal system that they will encounter in their business dealings with China. Issues that must be dealt with for foreign parties doing business in China include, among others, whether China has a sound legal system, whether private interests will be protected effectively under the socialist system of China, and whether a contract will be honored and enforced in China. Additional questions arise: How are contracts treated and handled differently from what we do at home? How is the doctrine of freedom of contract being accepted in China? What contract theories are there in China? How do we make a contract with Chinese counterparts? Could the law of our country be applied to a contract involving China? What remedies will be available in case of breach of contract? How will a judgment or arbitral award be enforced in China? The book offers a comprehensive analysis on Chinese Contract Law both in theory and in practice. It discusses the issues surrounding the process of contract formation, performance and remedies for breach, and addresses the doctrines underlying the law of contract. The issue-oriented format and comparative mechanism employed in the book are intended to provide an inside view of Chinese Contract Law and its application in the people's courts. Efforts are made to discuss different solutions to the above issues based on the nature of particular fact patterns. The purpose of the book is to help "catch the cubs by boldly entering into the lair of tiger". The book begins with a review of the legislative history of contract law in China, and then moves onto an analysis of the Chinese nature of contracts. With a focus on the 1999 Contract Law of China, the book covers such subjects as formation of contracts, defenses to the formation of contracts, performance of contracts, assignment, breach and remedies, as well as third parties. The last chapter of the book has a special concentration on international contracts.

Under Article 13 of the Contract Law, when making a contract, the parties shall take the form of offer and acceptance. There are two elements that an offer must contain: a manifestation of intent and desire to make a contact with others. An important issue is the time for an offer to take effect. Indeed, the concepts of both offer and acceptance are not originated in China, but as provided in the Contract Law, they necessarily reflect some Chinese characteristics. First of all, offer and acceptance are based on the premise that contract is a mutual agreement. Secondly, acceptance, if valid, will result in the conclusion of a contract and no consideration is needed. For the matter of contract formality, the Contract Law takes a more flexible approach than the previous contract legislations.Keywords: contract formality; contract law; contract legislations; modern China