Duty of Care of Chinese Asset Managers: Can Case Law Fill the Gap?

Yuan Ye (袁野)

Table of Contents

Part I Introduction. 2

1. China’s asset managers and its clients’ dilemma. 2

2. Why is duty of care relevant?. 4

Part II Duty of care law.6

1. US Law on duty of care. 6

2. Chinese law on duty of care. 8

Part III What the Cases Say. 9

1. Search Results: limited substantive application and lack of useful reasoning. 10

1(1) Cases without Application. 11

1(2) Cases with Application. 12

2. Chinese case law and a comparison with US law. 18

2(1) Synthesis of case law: few clarifications on rules 18

2(2) The existing gap compared with US law.. 22

Part IV Conclusion. 22

Part I Introduction

Comment from the editor: law Read the rest

Rethinking the Territorial Jurisdiction of the Chinese Internet Courts


Zhou Qiang, President of the Supreme People's Court of China, at the inauguration scene of Hangzhou Internet Court

Zhou Qiang, President of the Supreme People’s Court, at the inauguration scene (photo ©Zhejiang News

Lin Yifu

Internet technology has brought challenges against the traditional rule of territorial jurisdiction, rethinking and reconstructing the rule of territorial jurisdiction is a must. Even though a plaintiff now can file a lawsuit over the internet without incurring considerable pre-paid traveling cost, the question becomes in which internet courts can plaintiff file the lawsuit.

This Note explores the issues of the territorial jurisdiction of the Internet Court in China. Beginning with the introduction of the Internet Courts in China, the history and the current development of Internet Courts are provided. Judicial provisions regarding the jurisdiction of Internet Courts are provided in this section … Read the rest