Volume 65

China has now established a system of punitive damages, with the Civil Code as the main body, supplemented by other separate laws. This paper posits that the punitive compensation system addresses the shortcomings of the current private law system. With the blurring boundaries between public and private law, the punitive compensation system is more conducive to preventing social risks and providing comprehensive and adequate relief to the rights and interests of the infringed. The purpose of this paper is to analyse the historical origin and function of the punitive damages system, to summarize the process of its localised application in China, and then to analyse the status and existing problems in the application, and to put forward the improvement methods for the existing problems. The research value of this paper mainly includes two aspects: theoretically, it helps identify defects and deficiencies in the application of the punitive damages system; practically, it aids in reducing the judiciary's subjective arbitrariness.

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The international marine environment has increasingly become a critical focus of global environmental concerns, with marine pollution worsening significantly. The Fukushima sewage incident in Japan has notably heightened awareness of marine environmental pollution, impacting the marine environment, economic development, food safety, and human health in surrounding countries, making marine pollution control an urgent priority. This paper analyzes the Fukushima pollution incident in Japan, reviewing the current status of international marine pollution control legal treaties and international cooperation efforts. It proposes new governance ideas grounded in climate change advisory opinions, emphasizing the need for innovative approaches to tackle emerging pollution challenges. Furthermore, the paper examines both theoretical and practical problems within the existing framework of international marine pollution control, identifying gaps and inconsistencies that hinder effective management. Based on this analysis, the paper offers comprehensive countermeasures and suggestions aimed at enhancing the efficacy of international treaties, improving coordination among nations, and strengthening the overall governance structure to better address marine pollution. This holistic approach is essential for ensuring the sustainable development of marine ecosystems and the long-term health and prosperity of human societies.

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With the social economy developing continuously and the deepening of economic globalization, the scale of multinational corporations is expanding increasingly. However, due to the gap in tax rates between different countries, multinational corporations have room for tax planning. As a common means of tax avoidance in multinational enterprises, transfer pricing is officially realized by relying on the difference of tax rates in different countries. But transfer pricing in bring huge profits to multinational companies at the same time, the multinational home and host country revenue caused great damage, so the transfer pricing has become the focus of the tax authority regulation, this paper mainly through the case analysis of Coca-Cola company, this paper expounds the multinational companies through the transfer pricing tax avoidance and transfer pricing multidimensional adjustment of thinking. Therefore, for multinational corporations, under the constraints of relevant laws and norms, reasonable planning and control of the risk of transfer pricing is the key to enterprise tax avoidance compliance.

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This paper examines the current mechanisms and challenges in resolving foreign-related commercial disputes under the Belt and Road Initiative (BRI). It begins with an overview of the existing dispute resolution mechanisms, including the China International Commercial Court (CICC) and the "One-Stop" platform, highlighting their roles and limitations. The study then explores the differences between domestic and international mediation enforcement systems, the obstacles faced by foreign arbitration institutions entering the Chinese market, and the jurisdictional and functional limitations of the CICC. Drawing lessons from the WTO and the Singapore Convention on Mediation, the paper proposes several improvements: establishing a national-level BRI International Commercial Mediation Center, developing a comprehensive online dispute resolution platform, and enhancing the training and integration of foreign-related legal talents. By implementing these recommendations, the BRI dispute resolution mechanism can become more effective, fair, and internationally credible, thus supporting the smooth progression of the BRI.

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Commercial bribery by multinational corporations is hampering global economic development and threatening the legal authority of states. In dealing with such cases, countries often form violent conflicts of jurisdiction in cases due to differences in legislation, law enforcement and judicial systems, among other reasons. Such conflicts not only affect the efficiency of handling cases, but may also lead to a waste of law enforcement resources and the evasion of legal responsibility by multinational corporations. By introducing the basic types of jurisdiction in cases of multinational corporations, this paper points out the reasons for the formation of conflicts of jurisdiction among countries. Then this paper systematically analyzes some representative domestic acts and international conventions, and finds that most countries and international organizations are actively working on legislation. In many years of judicial practice, the world has achieved remarkable results in combating transnational commercial bribery. However, there are still many shortcomings in these existing legal mechanisms and implementation methods. This paper aims to propose a more efficient solution to the existing dilemma, and suggests that the mechanism for determining jurisdiction in bribery cases of multinational corporations should be further improved by strengthening the international cooperation mechanism and establishing a global anti-bribery body.

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With the vigorous development of the global economy, the global ecology and environment are deteriorating. As one of the main economic activities in the world, transnational corporations greatly promote the economic development of the home country and the host country. However, at the same time, when transnational corporations conduct business activities overseas, due to various reasons, their activities in the host country have a great impact on the surrounding environment, and have caused actual environmental harm to the local environment. This paper uses the method of case analysis and comparative analysis to study. Therefore, this paper discusses the environmental regulation of multinational enterprises from the perspective of the host country. It examines how host countries implement local environmental standards and the impact of MNE’s activities on the local environment. The analysis includes a discussion of the effectiveness of the current regulatory framework and its ability to hold multinational corporations accountable for environmental degradation. At the same time, taking the environmental impact as an example, the problems existing in the current legal regulatory framework are pointed out. Finally, the paper proposes strategies to strengthen the environmental responsibility and sustainability practices of MNE operating in host countries.

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The Guangdong-Hong Kong-Macao Greater Bay Area (GBA) is an important strategic region for China's economic development. The coordination and integration of its legal system plays a key role in realizing the economic, social and cultural integration in the region. However, as Hong Kong, Macao and Guangdong belong to different legal systems and social systems respectively, the differences between the legal systems lead to frequent conflicts of laws and hinder the coordinated development in the region. Based on the constitutional and legal foundations, historical and cultural backgrounds of Guangdong, Hong Kong and Macao, as well as the practical experience of Guangdong, this paper analyzes in detail the main challenges facing the current legal collaboration and conflict resolution mechanism in the GBA. These challenges are mainly reflected in the imperfect legislative design, the inadequacy of legal protection, and the unclear legal remedies. Through in-depth discussion of these issues, this paper proposes specific ways to establish a legislative coordination mechanism, formulate a unified substantive law, develop diversified relief channels, and ensure the equal application of law by residents of the three places, with a view to optimizing the legal cooperation and conflict resolution mechanism of the GBA, so as to provide a solid legal guarantee for regional stability and prosperity. The research in this paper not only provides a new perspective for understanding the complexity of legal integration in the GBA, but also puts forward feasible suggestions for deepening regional legal cooperation in the future.

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With the rapid development of economic globalization and digitalization, new business models are activating the world economy while exacerbating the remaining problems of base erosion and profit shifting (BEPS). In the face of intensifying international tax avoidance, The Organisation for Economic Co-operation and Development (OECD) has announced its Two-pillar solution to the international community, proposing a global minimum tax regime, which is effectively a coordination of global anti-tax avoidance measures. At present, Pillar 2 has come into effect, and Pillar 1 has also been opened for signature, marking the implementation stage of the two-pillar solution. In this paper, the two-pillar solution is the main research object. Firstly, from the perspective of large-scale tax avoidance by multinational corporations, this paper systematically analyzes the historical background of the introduction of the two-pillar solution of the OECD. After a detailed analysis of the provisions of the two-pillar solution, the existing institutional deficiencies and obstacles to its implementation are proposed. Finally, in response to the issues raised, practical recommendations are made that the elements of the two-pillar solution should aim to achieve general equity, balance the interests of developing countries and be in harmony with existing international tax policies. The governments should also optimize the structure of tax incentives.

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This paper examines the labor legal liability of multinational corporations within the global supply chain in the context of economic globalization. The legal governance of this issue has complexity because it involves multiple stakeholders, including international organizations, nations, and multinational corporations. Thus it necessitates coordinated efforts in legislation, judicial processes, and self-regulation. While existing laws and the labor compliance efforts of some multinational corporations have partially safeguarded labor rights, significant deficiencies remain. Addressing these deficiencies requires sustained legislative and judicial input from public entities. This requires more substantial protection and even expansion of the supervisory power of international organizations, such as the establishment of a tripartite negotiation mechanism to ensure their right to participate as independent subjects in labor rights protection. Improving the litigation procedure legislation to give international organizations the right to file public interest litigation to protect the rights and interests of workers in domestic courts will also be a probable choice. Additionally, multinational corporations must take concrete steps to uphold labor rights. Possible practices include assigning independent labor oversight bodies to suppliers and involving labor representatives in labor compliance efforts. Clarifying and enhancing the management of their labor legal responsibilities requires the joint efforts of public and private entities.

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