Cross-border transactions are generating corresponding globalisation of law enforcement efforts. Culture has significantly influenced the legal analysis of anti-bribery law. With the increase of transnational bribery, benefits from globalisation will be undermined unless an effective legal regime can mitigate the harm of bribery. It is perceived that corruption in China is more prevalent than in the West given its embedded place in Chinese culture. It is further alleged that Chinese multinational companies (MNCs) are taking advantage of an unlevel playing field, as they are not subject to stringently-enforced anti-bribery laws. This hypothesis creates a myriad of anti-bribery problems in terms of legislation and enforcement, which particularly manifest in China's perceived cultural toleration of bribery. Cultural assumptions undermine the global anti-bribery regime and compromise potential collaborative anti-bribery efforts across jurisdictions in a rapidly globalizing world. The Chinese culture does not necessarily impede China's criminalisation of paying bribes to foreign officials. It is argued that the cultural role should not be overestimated, otherwise the hazard of the ethnocentric engagement with the Chinese culture would affect the ability of foreign MNCs to integrate their global compliance programmes. Multinationals can only mitigate their exposure to criminal liability globally, provided that they comply robustly with anti-bribery laws of both home and host jurisdictions.
The digital revolution transforms people’s view about values and priorities. Automated facial recognition (AFR) comes with many concerns as well as benefits. The technology raises significant legal and ethical challenges, which risk perpetuating systemic injustice unless countervailing measures are put in place. The way facial images are obtained and used, potentially without consent or opportunities to opt out, can have a negative impact on people’s privacy. Laws on privacy vary across jurisdictions, which has an enormous effect on measures that could be taken to safeguard AFR-related ethical concerns. In an era of digitalisation, the existing laws are ill-equipped to address evolving needs against threats to individual privacy. Integrating the principles of proportionality and necessity, of the upmost importance is to ensure the proper use of AFR in a socially responsible way. It is imperative to build an AFR infrastructure that incorporates society’s legal and ethical commitments, and further address the challenges of governing the technology.
Deferred prosecution agreements (DPAs) provide an alternative enforcement tool to tackle economic crime. Prosecutors tailor punishment and remediation measures more accurately to satisfy the principles of prosecution. The companies in question can avoid criminal charges, provided that they comply with agreed terms and conditions. The use of DPAs is conducive to relieving collateral consequences, while being able to deter, punish and reshape corporate behaviour. In principle, enforcement authorities can maximise the leverage with criminal liability over companies to cultivate a robust corporate culture against bribery. It is argued that an effective global anti-bribery regime rests with not only transnational cooperation, but also adequate governance and rigorous compliance. With the DPAs having increased in prominence as a mainstay of the US enforcement regime, it remains to be seen whether the potent tool will be viable and further reshape the future enforcement landscape of the anti-bribery regime in the UK and even on a global basis.
With the life expectancy being steadily increasing, caring for an ageing population presents a paramount challenge in China. The article explores the traditional value of filial piety which is perceived to underpin social norms and beliefs about caring for aged parents. Apart from state and social institutions, a particular regard is given to the reshaping of relationships between aged persons and their family members. Given filial piety being a core value in Chinese cultures, there is a societal interest in protecting a healthy relationship between parents and children in the twenty-first century. In terms of the relational dimensions of current theories, it remains unclear whether an individual rights-based approach would have traction in the Chinese context, or represents an unintended disseverance from the Chinese traditional core values. More critically, a new law requires adult children to visit their elderly parents regularly. With the ongoing attempts to theorize and reconceptualize elder law across jurisdictions, the research further examines emerging legal issues that have arisen in China, and seeks to ascertain the extent to which the law addresses the above inquiry.
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