TheLegalEnvironmentofBusiness(5)
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Unit 13Legal Environment of BusinessText I Government Regulation of BusinessDictionary Workbyword, ruthless, unscrupulous, tycoon, aggressive, profiteer, altruistic, terse, hovering, undercut, dubious, crafty, latitude, intervene, abuse,, empower, unconstitutional, interpret, interstate, intrastate,Pre-reading Questions1.What is government regulation of business?2.Why is government regulation necessary to business?3.How does the government exercise its regulatory power over business?Historical Evolution of Government Regulation1It’s important to understand that regulation hasn’t always been with us. Relatively speaking, it’s a rather novel idea if one takes the long historical view. America’s founders believed in a laissez-faire1–or “hands-off” –approach to the regulation of business. Business leaders took care of business, politicians took care of government, and the two groups left each other alone. Caveat emptor2, “let the buyer beware,” was the byword of the marketplace in the 1800’s. Moreover, there was little room for “friendly competition” in nineteenth century business transactions. With limited markets, hard-to-get supplies, and few production shortcuts, the business that hoped to survive often felt pressured into taking a fairly ruthless approach –wiping out competitors wherever opportunity permitted and taking full advantage of consumers not sufficiently wily to protect their own interests.2But by the late 1800s, too many competitors and consumers had fallen victim to unscrupulous business practices. Public opinion turned decidedly against the business tycoons, and this new philosophical tone set the stage for more aggressive laws3that sought to intervene in the marketplace. Despite widespread public support, however, early efforts at reform were not as successful as advocates had hoped. It was not until the late 1930s that it became generally accepted by lawmakers and the courts, that the Constitution did allow Congress fairly wide in in regulating commerce.3 In fact, today’s ongoing di scussions about the proper amount of governmental regulation are only the latest round in a debate – and, at times, fight – that is unlikely to end. Typically, business leaders insist that government interference does more harm than good. But many workers and citizens point to abuses of the past and present as proof of the dangers of unregulated industry. In general, legislators and federal agencies now tryto balance the ideal of the free marketplace with the less altruistic realities of human nature.4 Most observers these days agree that some form of government control is necessary. But where and how to apply that control has never been an easy issue to resolve. Few persons want to return to the days in which consumers took their chances in a marketplace where profiteering was an integral part of shrewd business management; yet, at the same time, almost no one favors the insufferable hovering of a government that involves itself in even the least important decisions.The Sources of Government Regulatory Power5 City, country, state, and federal administrative agencies together have created a web of regulations that govern how and under what circumstances a company is allowed to transact business, sell securities, set loan terms, ship freight, use resources, hire and fire employees, compete with rival firms, or negotiate labor contracts. You name it, and there’s probably some type of regulation to govern it.6 The government derives most of its power to regulate business from the U.S. Constitution’s “comme rce clause4,” which states that “The Congress shall have power … to regulate commerce among the several states.” This clause – together with the Constitution’s Article I, Section 8, which empowers Congress to levy taxes – are the twin pillars on which government regulation rests.7 The terse phrase among the several states allows some latitude in interpretation, and this has resulted in changes over time in the allowable scope of government control. At various points in its history, the commerce clause has been given a narrow interpretation; at other times, the interpretation has been considerably more extensive. At the heart of the issue is the debate over what constitutes interstate commerce (from inter, meaning between) versus intrastate commerce (from intra, meaning within). If the Supreme Court5interprets “interstate” commerce to include only the transportation of goods from one state to another, this is quite different from an interpretation that considers “interstate” commerce to be business practice s in one state (that is, intrastate) that affects business practices in another state. This distinction between intra-and inter state commerce is critical because the commerce clause allows Congress to regulate only that commerce that is among the several states.The Early Years of Regulation8 Early in the nineteenth century, the Supreme Court interpreted the commerce clause very broadly, giving the government power to regulate not only commerce that passed between states, but also “local” transactions that in some way “affected” interstate commerce. But this broad interpretation had little impact, since Congress left business pretty much alone to do as it wanted; the fact that the Supreme Court would permit broad regulation made little difference. As we noted earlier, however, by the end of the Civil War, workers and social advocates became increasingly upset with the overreaching practices of business, and Congress became more involved in attempting to regulate business practices. The passage of laws outlawing child labor andsixteen-hour workdays were major examples of this initial regulation.9 As Congress began to intervene in business practices this way, however, the Supreme Court also began to re-evaluate its interpretation of the commerce clause. It came to believe that federal power could only extend to those business transactions that in fact moved from one state to another – only these transactions met the definition of interstate commerce. It concluded that all other business transactions –even if their influence extended beyond a state’s boundaries – were part of intrastate commerce and, as such, beyond the reach of the federal government to regulate. So, ironically, as Congress became interested in passing regulatory law, the Supreme Court came to see those efforts as potentially unconstitutional. This conflict between what the public and Congress wanted and what business and the Supreme Court said the Constitution would allow continued until the late 1930s. But around that time, the Supreme Court again re-evaluated its interpretation of the commerce clause and concluded that Congress had the power to regulate any transactions by businesses that organized themselves on a national scale, not just those transactions that crossed state lines.The Current Regulatory Environment10 Today, the Supreme Court continues to reflect this broader reading of the commerce clause6, bringing it in line with the opinions held by the earliest Supreme Court views. Put simply, the current view is that the federal government can constitutionally not only regulate commerce that passes through or is transacted across two states, but also commerce that affects business in other states. Let’s consider an example to see how this works.11 Let’s say that Sharpe, a street vendor of chocolate-chip cookies, uses some questionable business practices to undercut his competitors in the Seattle business district cookie market. At this point, he is probably violating only local fair-business ordinances. But suppose Sharpe instead distributed packages of cookies to be sold in Seattle supermarkets. If Sharpe’s dubious practices are cutting into national markets, Sharpe may be charged with violating federal regulations –even though his is not a national company. Similarly, when business booms and Sharpe expands to form Northwest Cookies, a larger interstate company, he must either abandon his crafty methods of competition or risk running afoul of federal regulations. (1,156 words) Notes1. laissez-faire: let (people) do (as they choose). [尤指对商业活动的]自由放任的、不干涉的原则It’s a motto of 18th century French economists who protested excessive government regulation of industry. See: 1) the reaction against free trade and laissez-faire economy 2) a central position between laissez-faire and a planned economy2. Caveat emptor: Let the buyer beware. (购者当心,指货物出门概不退换原则)I t’s a maxim of the common law expressing the rule that the buyer purchases at his peril. Implied warranties in the sale of personal property are exceptions to the rule thus expressed. The maxim is applicable to salesof real estate in respect of conditions of the premises open to observation. The doctrine of the maxim applies in its utmost vigor and strictness to judicial sales, so that the purchaser takes upon himself the risk of finding outstanding rights that could have been asserted against the parties to the proceedings and which necessarily affect the title conveyed to him.3. more aggressive laws: referring to the multitude of laws, acts and statutes enacted in the late 19th century and also in the 20th century, for instance, the Sherman Antitrust Act in 1890, the Clayton Act in 1914, the Federal Trade Commission Act, the Consumer Credit Protection Act, the Consumer Product Safety Act, the Clean Air Act, etc., to regulate business practices and protect customers and the environment, which are more forceful or threatening.merce clause: Art. 1, §8, cl. 3 of the United States Constitution which gives Congress exclusive powers to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. 美国宪法商业条款5. the Supreme Court: the highest of the three-tier American federal court system. Established by the US Constitution, the Supreme Court is made up of nine justices and has both original and appellate jurisdiction. It also has the final responsibility for interpretation of the Constitution and federal statutes. 最高法院6. broad reading of the commerce clause: an interpretation of the meaning and extent of the commerce clause, which suggests an extensive scope of the commerce clause.Language Points1.With limited markets, hard-to-get supplies, and few production shortcuts, the business thathoped to survive often felt pressured into taking a fairly ruthless approach –wiping out competitors wherever opportunity permitted and taking full advantage of consumers not sufficiently wily to protect their own interests. (paragraph 1)Pay attention to the use of the verb-ing forms: wiping out competitors and taking full advantage of consumers. They are gerunds used here in apposition to the preceding noun phrase a fairly ruthless approach.2.It was not until the late 1930s that it became generally accepted by lawmakers and the courtsthat the Constitution did allow Congress fairly wide latitude in regulating commerce.(paragraph 2)Pay attention to the sentence pattern “It is/was not until … that + S + V”. It means the same as “S + do/does/did not +V + until …”. Hence, this sentence can be revised as: It didn’t become generally accepted by lawmakers and the courts until the late 1930s that the Constitution did allow Congress fairly wide latitude in regulating commerce.The pronoun it that follows the connective that is a nominal subject, standing for the real subject -- the noun clause that the Constitution did allow Congress fairly wide latitude in regulating commerce, which comes in the end of the sentence.3.Typically, business leaders insist that government interference does more harm than good.(paragraph3)Pay attention to the clause that follows the connective that. It’s a noun clause. A noun clause usually functions in the sentence as subject, object, prepositional object, or in apposition to the subject or object. There are other noun clauses in the text.4.It concluded that all other business transactions –even if their influence extended beyond astate’s boundaries –were part of intrastate commerce and, as such, beyond the reach of the federal government to regulate. (paragraph 9)Such here refers to the previous statement all other business transactions –even if their influence extended beyond a state’s boundaries –were part of intrastate commerce, and the insertion as such means because of this.5.Put simply, the current view is that the federal government can constitutionally not onlyregulate commerce that passes through or is transacted across two states, but also commerce that affects business in other states. (paragraph 10)Put simply here is a parenthetical phrase, meaning “to be put in short or to sum up”.6. Similarly, when business booms and Sharpe expands to form Northwest Cookies, a largerinterstate company, he must either abandon his crafty methods of competition or risk running afoul of federal regulations. (paragraph 11)Pay attention to the collocation risk running afoul of federal regulations. The verb risk is usually followed by a gerund or a noun. The collocation means to run the risk of getting into conflict with federal regulations.ComprehensionQuestions about the text1.What is a laissez-faire economy?2.What is the nature of government regulation of business in America?3.Why was there little room for “friendly competition” in the 19th century businesstransactions?4.Where does the government’s power to regulate bus iness mainly come from?5.What is the most satisfactory government regulation as history shows?6.What is the scope of government regulation in U.S. business?7.Was the Congress’ power to regulate business challenged in the 19th century?8.What is the difference between interstate commerce and intrastate commerce?9.What was the conflict between what the public and Congress wanted and what business andthe Supreme Court said the Constitution would allow, which went on until the late 1930s?10.What was the Supreme Court’s interpretation of the Congress’ power to regulate business inthe 19th century and what is its current position?VocabularyWrite out the word or phrase according to the explanation provided:A Ba.r________ 1. to control, direct, or to replace confusion with orderb.s________ 2. fixed or controlled by lawc.a________ 3. statement which is not supported by proof, that someone has donesomething bad or criminald.e________ 4. the gradual change and developmente.c________ 5. an agreement reached in a way that is acceptable to both sides of theconflict or lawsuitf.p________ 6. the approval of a law, statute, or act by a legislatureg.r_________ 7. the action of resolving somethingh.i________ 8. the definition or explanation of a term or clause in the statutei.a_______ 9. a method of doing something or dealing with a problemj.i_______ 10. a person who comes between two people or groups of peoples, esp. inorder to bring them into agreementk.d_______ 11. clear differencel.a_______ 12. a person who speaks for or supports an idea, way of life, etc.m.a________ 13. the settling of an argument by the decision of a person or group thathas been chosen by both sidesn.t________ 14. the doing or performing of trade, including the purchase, sale,exchanging, leasing, and distribution of commoditieso.s________ 15. having the highest position, in terms of power, importance, orinfluenceParaphraseParaphrase the following sentences from the text:1.In general, legislators and federal agencies now try to balance the ideal of the free marketplacewith less altruistic realities of human nature. (para. 3)2.Few persons want to return to the days in which consumers took their chances in a marketplacewhere profiteering was an integral part of shrewd business management; yet at the same time, almost no one favors the insufferable hovering of a government that involves itself in even the least important decisions. (para. 4)3.But this broad interpretation had little impact; since Congress left business pretty much alone todo as it wanted; the fact that the Supreme Court would permit broad regulation made little difference. (para. 8)4.But suppose Sharpe instead distributed packages of cookies to be sold in Seattle supermarkets;if Sharpe’s dubious practices are cutting into national markets, Sharpe may be charged with violating federal regulations – even though his is not a national company. (para. 11)Useful Phrases and Collocationsleave sb/sth alone, wipe out, take (full) advantage of, fall victim to sth, set the stage for, balance sth with sth else, take (one’s) chances, involve oneself in, compete with rival firms, derive (sth) from, empower sb to do sth, allow some latitude in, result in, at the heart of the issue, consider sth to be, in some way, be involved in, outlaw child labor, intervene in, beyond the reach of, bring sth in line with, be charged with, run afoul ofExercisesI. Blank fillingFill in the blanks with the proper phrases given below. Add words and/or change the form of the given words when necessary.leave sb/sth alone, take an approach, take (full) advantage of,fall victim to sth, involve oneself in, allow some latitude in,make little difference, bring sth in line with, run afoul of sth, result in1.At a time, a lot of people complained that the administrative agencies _______ ______________almost all business activities, making it hard to conduct business.2.As our country is approaching its accession to the WTO, we have to ___________________________ the international norms.3.When you open up a business in a new market, you have to ___________________.4.In the initial years of the reform and opening-up some people ______________ the loosegovernment regulation and accumulated a lot of wealth.5.In market economy companies should ___________________ running their own business.6.His own carelessness ___________ his injuries, so he couldn’t expect any remedy from theemployer.7.At a time businesspeople wanted the government _______________, but customers complainedabout the abuses as a result of lack of government regulation.8.Before Congress granted the government with regulatory power in business many customers________________ immoral business practices.9.Nowadays business managers have to study laws in order to prevent their businesses from________________ government regulations.10.Whether the government curbs smoking by levying heavier tax on tobacco or not___________________ to him as he has quit smoking.II. Error correction1.Public opinion turned decidedly against the business tycoons, and this new philosophical toneset the stage for less aggressive laws that sought to intervene in the marketplace.2.Today’s ongoing discussions about the proper amount of governmental regulation are only thelast round in a debate – and, at times, fight – that is unlikely to end.3.Business leaders insist that government interference does more harm than good, but manyworkers and citizens point to abuses of the past and present as proof of the dangers of regulated industry.4.Most observers these days agree that some form of government control is necessary, but whereand how to apply that control has always been an issue to resolve.5.Since Congress left business pretty much alone to do as it wanted, the fact that the SupremeCourt would permit broad regulation made a little difference.6.If Sharpe’s dubious practices are cutting in to national markets, he may be charged withviolating federal regulations – even though he is not a national company.7.The parties whose dispute is solved through mediation are more unlikely to be able to workconstructively within the agreement.8.Almost no one favors the insufferable hovering of a government that involves itself in even theleast momentous of decisions.9.At the heart of the issue is the debate in what constitutes interstate commerce versusintrastate commerce.10.At this point, Sharpe is probably violated only local fair-business ordinances.III. GrammarA.The following exercises are about noun clauses. Choose the most appropriate answer from theoptions provided to complete the sentences:1.The truth _______ the US is a country with rule of law is known to all of us.a. ifb. whetherc. thatd. which2.______ the customer will win the lawsuit against the seller remains a question.a. Thatb. Whetherc. Ifd. What3.______ the government should apply its regulatory power in business relationshipshas never been an easy issue to resolve.a. Whetherb. Ifc. Whyd. How4.The lawyer has not answered my question ________ I can count on some remedyfor the damage.a. whetherb. whenc. whered. why5.His success is due to _________ he had been working hard.a. thatb. the fact whichc. the fact thatd. the fact of6.Mr. Cooper looked rather depressed. Do you know ________ trouble was?a. hisb. why hisc. how hisd. what his7.When dealing in a litigious environment, you cannot take ________ approach youprefer.a. whatb. whateverc. whicheverd. whosever8._______ worries us a lot is what the world will be like in the future.a. Thatb. Whichc. Whod. What9.I’m not sure ________ the U.S. antitrust law should be enacted.a. ifb. whetherc. whend. why10.He is concerned about ________ judge will preside over the court hearing.a. whichb. whatc. whose thatB. Complete the sentences by translating the expressions in the brackets:1.The States retain the exclusive power to regulate intrastate commerce – economic activities thathave no significant effect on commerce outside their own borders, while____________________________________________________________________________ ____________________________________ ________ (联邦政府单独享有调解美国所有的涉外贸易和州际贸易活动的权力).2.Many people who favored increased regulation of business felt that the courts and legislatures_____________________________________________________________________________________________________ (不太适应处理我们所处的不断变化的环境中出现的复杂问题).3.The Federal Trade Commission Act, which created one of the most active and controversialfederal administrative agencies and _______________________________________________________________________(赋予它调解竞争性商业活动的广泛权限), is a good example of the feder al government’s extensive regulation of business.4.The large number of injuries caused by defective consumer products _________________________________________________________ (导致了国会于1972年通过了《消费品安全法》).5.The equality of the sexes is literally applied so that a law is unconstitutional when it gives towomen a protection or an advantage _____________________________________________ (而不给予从事同种工作的男子).IV. ClozeWhy Is Government Regulation Necessary?The Industrial Revolution changed the nature of American society. Before the Civil War, more than 80 percent of Americans were self-employed, and the small proprietorship was the 1________ form of business organization. Many forms of organization were objects of public 2 _ Labor unions were treated as criminal conspiracies, and even corporations were viewed with some suspicion.The 3 of corporate power and the abusive activities of the large industrial combines and trusts after the Civil War became subjects of major public concern, producing a public outcry for federal action. Congress responded by 4 the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890.In addition, life was becoming more 5 . New forms of human activity that presented a need for regulation were (and are today) 6 on an almost daily basis. Ever-expanding scientific knowledge also continued to increase our understanding of the effects of our behavior on each other and on the environment.This tremendous growth of government regulation, while it has no doubt produced many 7_____ social benefits, has also produced considerable public dissatisfaction. We all regularly hear complaints about government “red tape”* and bureaucratic inefficiency. Some commentators argue that the costs associated with complying with government regulations are a 8 contributor to spiraling inflation. Others complain that 9 a business is becoming more and more difficult in an environment of increasing and sometimes 10 regulations. Regulatory agencies are criticized as being inefficient and overzealous on the one hand and “captive” tools of industry on the 11.Despite current 12 disenchantment with regulation, however, it is probably fair to say that regulation is here to stay. Today, we are witnessing a “13” movement aimed at reducing numerous “friendly” regulations that in the past operated to shield some businesses from the forces of competition. In other areas, conflicting or 14_________ regulations may need to be reworked. Nonetheless, as long as the United States continues to be a highly complex and industrialized society, 15 will be an important fact of life.*red tape: forms and routines followed in official business; the protective helmet of bureaucracy.V. Translation1. In the eyes of many observers, administrative agencies like the Federal Trade Commission, theSecurities and Exchange Commission, and the Environmental Protection Agency form an unofficial fourth branch of government with the authority to enact rules and regulations (quasi-legislative power) and the power to hold hearings to determine whether those rules have been violated (quasi-judicial power).2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with anyother person or persons to monopolize any of the trade or commerce among the several states, or with foreign nations, shall be deemed guilty of a misdemeanor.3. By the middle of the 20th century, realizing that business needs had been given too muchpreferential treatment –often at the expense of consumers’ rights, consumer activists bega n to convince local, state, and federal governments to pass laws that would re-evaluate priorities and give consumers the protection they needed and deserved.4. 中国宪法明文规定:中国政府鼓励外商来华投资并依法保护外国企业和个人的合法权益。
UNDERSTANDING CANADIAN BUSINESSCHAPTER # 1 noteschater1MANAGING WITHIN THE DYNAMIC BUSINESS ENVIRONMENT动态商业环境下的管理Business and Entrepreneurship: Revenues, Profits, and Losses 事业和企业家能力:收益,利益和损失Business: Any activity that seeks to provide goods and services to others while operating at a profit.事业:寻求当在一笔利润操作时向其他人提供货物和服务的任何活动。
Profit: The amount a business earns beyond what it spends for salaries and other expenses.利益:一种商业在它为了薪金和其他话费所话费的以外赚的量Entrepreneur: A person who risks time and money to start and manage a business.企业家能力:冒险用时间和金钱开始和管理一种商业的一个人Revenue: The total amount of money a business takes in during a given period by selling goods and services. 收益:一种商业在一段特定的时间期间通过出售商品和服务获得的金钱Loss: When a business’s expenses are more then its revenue.失去:当一种商业的花费超过其收益时Risk: The chance an entrepreneur takes of losing time and money on a business that may not prove profitable.风险:一个企业家浪费了时间和金钱在事业上,却无利可图的机会Responding to the Various Business Stakeholders对各种各样的傻瓜也既得利益者作出反应Stakeholder:All the people who stand to gain or lose by the policies andactivities of a business.财产保管人:他通过政策和一种商业活动赢得或者失去的所有人- Investors; invest in the business投资者:在商业中的投资- Financial Institutions; lend money to the business 金融的社会公共机构:借钱给企业- Supplier; sell to the business供应商:向企业卖物品- Customers; buy goods and services from the business 消费者:从企业中购买商品和服务- Government; gets taxes from the business 政府:从企业中收税- Employees; get jobs from the business受雇者:从企业中得到工作- Dealers; buy and sell for the business经销商:为企业进行交易买卖- Environmentalists; protest the businesses pollution habits环境保护主义者:抗议商业污染习惯- Surrounding Community; get many positives and negatives from the business 周围的社区:从商业之中得到很多积极的和消极的影响Outsourcing: Assigning various functions, such as accounting, production, security, maintenance, and legal work, to outside organizations.外包:委托给外部单位的业务有很多,像审计,产品,安全,维护保养和政法工作.There is a major trend toward outsourcing in North Americanbusiness in an effort to cut costs and become more competitive. Much production has moved off shore, and many management functions are now sub contracted to external sources such as consulting firms.在北美的外包业务有一个大致的发展趋势:就是努力缩减成本提高竞争力.很多的产品现在已经转移到了沿海地区,许多管理职能现在订约与外部资源像咨询公司.Using Business Principles in Non-profit Organization非营利组织的商业原则的应用Non- profit Organization: An organization whose goals do not include making a personal profit for its owners or organization. 无利益组织:其目标不包括为其所有者或者组织赚取一笔个人的利润的一个组织。
企业对外投资国别(地区)营商环境指南英文版1. IntroductionIntroductionInvesting in foreign markets can be a strategic move for businesses seeking growth, diversification, and competitive advantage. However, navigating the complexities of different countries' (regions') business environments is crucial for success. This guide provides an overview of key factors to consider when evaluating potential investment destinations, ensuring informed decision-making and minimizing risks.2. Political Stability & GovernancePolitical Stability & GovernancePolitical stability is fundamental to a conducive business environment. Assess the host country's political climate, including government stability, democratic processes, and likelihood of civil unrest or regime change.A transparent, predictable, and corruption-resistant governance system fosters investor confidence.3. Legal & Regulatory FrameworkLegal & Regulatory FrameworkInvestigate the legal system, particularly the enforceability of contracts, property rights protection, and dispute resolution mechanisms. Understand the regulatory landscape, including sector-specific laws, licensing requirements, and compliance costs. A well-defined, consistent, and business-friendly legal framework mitigates operational uncertainties.4. Economic ConditionsEconomic ConditionsEvaluate the target country's economic health, such as GDP growth rate, inflation, exchange rate stability, and debt levels. Consider market size, consumer purchasing power, and sector-specific growth prospects. Robust economic indicators and promising sector trends indicatea fertile ground for investment.5. Market Access & CompetitionMarket Access & CompetitionAnalyze market access barriers, such as tariffs, quotas, or non-tariff measures. Study the competitive landscape, including local and international players, market concentration, and entry barriers. Favorable accessconditions and a healthy competitive environment enhance the potential for market penetration and profitability.6. Infrastructure & LogisticsInfrastructure & LogisticsAssess the quality and accessibility of transportation networks, energy supply, digital connectivity, and other essential infrastructure. Well-developed infrastructure reduces operational costs and facilitates efficient supply chain management. Additionally, examine the availability and cost of skilled labor, as a capable workforce is vital for business operations.7. Taxation & IncentivesTaxation & IncentivesFamiliarize yourself with the host country's tax regime, including corporate income tax rates, value-added tax, withholding taxes, and any double taxation treaties. Investigate available investment incentives, such as tax holidays, grants, or special economic zones. A favorable tax environment and attractive incentives can significantly impact the project's financial viability.8. Intellectual Property ProtectionIntellectual Property ProtectionStrong IP protection is crucial for businesses operating in knowledge-intensive sectors or with proprietary technologies. Evaluate the host country's IP laws, enforcement mechanisms, and track record in addressing IP infringement. Adequate IP protection safeguards your company's assets and encourages innovation.9. Environmental, Social, & Governance (ESG) FactorsEnvironmental, Social, & Governance (ESG) FactorsConsider the host country's commitment to environmental sustainability, labor standards, human rights, and anti-corruption measures. Ensure your investment aligns with your company's ESG policies and international best practices. Adhering to high ESG standards can mitigate reputational risks and foster long-term stakeholder relationships.10. Cultural Compatibility & Local PartnershipsCultural Compatibility & Local PartnersshipsUnderstanding and respecting local culture is vital for successful business integration. Cultivate relationships with potential local partners who can provide valuable market insights, facilitate regulatorycompliance, and help navigate cultural nuances. Strong local partnerships can expedite market entry and enhance overall performance.ConclusionConclusionNavigating the complexities of different countries' (regions') business environments is paramount for successful overseas investments. By diligently considering the factors outlined in this guide, companies can make informed decisions, minimize risks, and maximize the potential for profitable, sustainable growth in their chosen investment destinations.。
完整版)法律专业英语词汇Part 1: 刑法词汇1.罪犯(criminal):犯罪行为的实施者。
2.杀人(murder):故意造成他人死亡的行为。
3.盗窃(theft):非法占有他人财产的行为。
4.强奸(rape):非法性侵他人的行为。
5.纵火(arson):故意放火的行为。
6.敲诈(___):以暴力或威胁手段获取财产的行为。
7.走私(smuggling):非法将商品或物品携带入境或出境。
8.贩毒(drug trafficking):非法交易毒品或在毒品交易中参与。
9.偷税漏税(___):通过欺诈手段逃避缴纳税款。
10.洗钱(money laundering):将非法获取的资金合法化。
Part 2: 民事法词汇1.合同(contract):双方达成的书面或口头协议,产生法律效力。
2.索赔(claim):要求对方支付损失或赔偿的权利。
3.诉讼(n):通过法律程序解决争端。
4.侵权(infringement):侵犯他人权益或利益的行为。
5.损害赔偿(n):对因他人行为受到损害的一方支付的补偿款项。
6.法定继承人(legal heir):根据法律规定,有权继承遗产的人。
7.执行(enforcement):将法律判决或裁决强制执行的行为。
8.违约(breach of contract):不履行或违反合同中规定的义务。
9.诉讼费用(n costs):诉讼过程中产生的费用,如律师费、鉴定费等。
10.司法鉴定(judicial appraisal):法院指定的专门机构对相关事实或证据进行鉴定。
Part 3: 行政法词汇1.行政机关(administrative organ):政府管理机关,行使行政权力。
2.行政处罚(administrative penalty):行政机关根据法律或法规对违法行为采取的处罚措施。
3.行政许可(administrative license):行政机关根据法律或法规对特定行为发出的批准文件。
《国际商法》(英)课程教学大纲一、课程基本信息课程代码:16168802课程名称:国际商法(英)英文名称:International Business Law课程类别:专业方向课学时:32学分:2适用对象: 商务英语专业、英语专业(国际商务管理方向)考核方式:(分散)开卷笔试先修课程:《当代商学概论(英)》二、课程简介《国际商法》是研究国际商法相关理论和实际运用的综合性应用学科,是外国语学院商务英语专业的专业基础课,以及英语专业和翻译专业学生的专业方向选修课,是一门用英语讲授有关国际商事法律基础知识的专业课程。
通过对本课程的学习,使学生了解国际商法的基本概念和商业惯例,并培养学生的案例分析能力。
《国际商法》课程主要涉及国际商事法律的三大核心领域——公司法、合同法、买卖法。
具体内容包括:国际商法概述、公司法、合同法以及货物买卖法。
四大章节以课堂讲授为主,讲授国际商法的基础知识、基本理论和典型案例。
另设英文案例分析和分组案例讨论专题。
课程成绩评定以学生的平时成绩50%、期末考核50%的权重来计算。
其中,平时成绩包括小组课堂讲介、案例讨论、个人课堂答问、书面作业及出勤情况等五个部分。
Emphasizing practical application and theory of international business law, International Business Law is a comprehensive and compulsory course designed for Business English majors and optional course for English majors and Translation majors. This course is meant to equip students with the fundamentals of the law relating to international business, such as basic concepts and important practices, and to cultivate students’ elementary ability of case analysis.Examining the three core fields of international business law, namely, company law, contract law and sales law, this course is designed to cover various topics in four chapters on introduction to international business law, company law, contract law, and international sale of goods.Lectures will be focused on legal concepts, important doctrines and typical cases. Some cases will be assigned to students for after-class reading and then in-class discussion. And some special lectures will be devoted to case analysis and in-class case discussion on a group basis.Course assessment is based on the weighted average of class participation 50% and final term case analysis 50%. Marks for class participation consist of five parts --- determined respectively by students’ in-class group presentation, group case discussion, and individual in-class question-answering, written assignments and class attendance.三、课程性质与教学目的《国际商法》是外国语学院为商务英语专业以及英语专业和翻译专业高年级学生开设的专业基础拓展课。
《国际市场营销》(英)教学大纲Subject Outline课程代码:3025021总学时:56学时总学分:3.5学分适用专业:国际经济与贸易专业、经济学专业(本科)一、课程性质、目的、任务:本课程是国际经济与贸易专业、经济学专业本科的学科基础课。
课程除介绍市场及国际商务的基本原理外,主要研究企业从国内贸易扩展到国际贸易时,面对不同的文化背景,如何进行产品开发、市场调研、产品促销、产品分销及市场评估等活动,从而能达到扩大产品国际市场占有率的目的。
二、课程教学的基本要求:使学生系统掌握国际市场营销的原理及其在国际商务中的运用;了解政府及不同文化背景对国际市场营销的影响;掌握市场调研、产品销售等方法;培养和提高正确分析和解决国际市场营销活动中的各种问题的能力。
三、教学方法和教学手段的建议:本课程采用双语教学。
使用原版外文教材。
要求在教学中根据学生的适应情况逐步采用英语讲授。
除课堂讲解外,大量采用案例教学,以提高学生解决实际问题的能力。
运用多媒体教学手段,辅以录像教学。
四、大纲的使用说明:本课程建议学时为56学时。
如遇课时增减,或使用不同的教材,教学内容可作适当调整。
1. 说明:This course examines the impact of economic, cultural, political, legal and other environmental influences on international marketing. Within this context, we will discuss how to identify and analyze worldwide marketing opportunities, and examine product, pricing, distribution and promotion strategies. The course is structured to provide ample opportunity for interaction among students, and between students and the instructor. Students are expected to read current periodicals and journals to keep abreast of current international developments. The course will primarily consist of lectures, discussions, presentations, cases, and group projects.主要章节和课时分配Part1. Introduction Time: 4 hoursCH1. Marketing and International MarketingCH2. GlobalizationPart2. Environment of Global Marketing Time: 8 hoursCH3. The Cultural EnvironmentCH4. The Economic EnvironmentCH5. The Legal EnvironmentCH6. The Political EnvironmentPart3. Global Marketing Opportunities & Strategies Time: 20 hours CH7. Marketing Research and Information SystemCH8. Consumer Markets & Consumer Buyer BehaviorCH9. Business market & Business buyer behaviorCH10. Market Segmentation, Targeting & PositioningCH11. Market Entry ModePart4. Global Marketing Operations Time: 24 hours CH12. Products and Services StrategiesCH13. Pricing StrategiesCH14. Promotional StrategiesCH15. Distribution Strategies主要教学内容:PART1.INTRODUCTION TIME: 4 hours1. Course introduction:2. An overview:——What’s selling?——What’s marketing?——The primary differences3. International marketing4. Concept & theories of marketing——Market——Marketing strategy——Marketing segmentation——Buyer behavior research——Marketing research and forecast——Marketing management5. History and Development of International marketing——Export marketing strategy——International marketing strategy——Global marketing strategyPART2. ENVIRONMENT OF GLOBAL MARKETINGCH3. CULTURAL FACTORS TIME: 2 hours1. Material force/condition (technology, economy)2. System of society (organization, education, social structure, media)3. Human and universe (religious belief, superstition)4. Aesthetics (painting and calligraphy, plastic arts, folktale, music, drama)5. The language6. Values (the time conception, the attitude to innovation and wealth, an awareness of risk, local customs)CH4. COMMERCIAL CUSTOMS AND PRACTICES TIME: 2 hours1. Culture and commercial customs (Imperative, Adiaphorous, Exclusive)2. Operating structure——Power structure——Management target and ambition3. Operating patternCH5. ECNOMICS ENVIRONMENT TIME: 2 hours1. Scale of market——Demographic environment——Income2. Characteristics of local economy——Natural environment——Infrastructure——CivilizationCH6. POLITICAL AND LEGAL ENVIRONMENT TIME: 2 hours1. Political Environment——The Stable Political Situation——The Successive Policy of Government——Political Risks2.Legal Environment——Mother Country Laws——Host Country Laws——International Conventions and CustomsPART3. GLOBAL MARKETING OPPORTUNITIES& TRATEGIESCH.7 MARKETING RESEARCH &INFORMATION SYSTEM TIME: 2 hours1. Marketing information system——Assessing information——Developing information——Distributing information2. The marketing research process——Defining the problem and research objectives——Developing the research plan——Implementing the research planCH.8 CONSUMER MARKETS &CONSUMER BUYER BEHA VIOR TIME: 4 hours1. Model of Consumer behavior2. Characteristics affecting consumer behavior3. Four types of buying decision behavior4. The buyer decision processCH.9 BUSINESS MARKET &BUSINESS BUYER BEHAVIOR TIME: 2 hours1. Business market2. Business buyer behavior3. International and government marketCH.10 MARKET SEGMENTATION, TARGETING & POSITIONING TIME: 4 hours 1.Market Segmentation2.Market Targeting3.PositioningCH.11 MARKET ENTRY MODE TIME: 4 hours1.Export2.Contractual3.Direct InvestmentCASES: TIME: 4 hoursPART4. GLOBAL MARKETING OPERATIONSCH.12 PRODUCTS AND SERVICES STRATEGIES TIME: 4 hours1.Product Classification2.Product Decisions——Branding——Packing3.International Product Policy——Standardization——Modification4.New Product Development Strategy5.International Product Life Cycle StrategyCH.13 PRICING STRATEGIES TIME: 4 hours1.General Pricing Approaches2.The factors influencing priding3.New-product Pricing Strategy4.Product Mix Pricing Strategy5.Product Adjustment Strategy6.Price ChangesCH.14 PROMOTION STRATEGIES TIME: 4 hours1.The Communication Mix TIME: 4 hours2.Steps in Developing Effective Communication3.Setting Total Promotion Budget and Mix4.Advertising5.Sales Promotion6.Public Relations7.Direct MarketingCH.15 DISTRIBUTION STRATEGIES TIME: 4 hours1.Nature of Distribution Channels2.Channel Behavior and Organization3.Channel Design Decisions4.Channel Management DecisionsCASE: TIME: 8 hours4.5. 教材:International Marketing Strategy Planning, Marketing Entry &Implementation (3rd edition). By Roger Bebbett, Jim Blythe6. 参考书:1). Principles of Marketing (9th edition). By Philip Kotler, Gary Armstrong2). International Marketing (11th edition). By Philip R. Cateora, John L. Graham7. 考核方式:1). Class Participation and Assignments: 10%2). Presentation (group): 20%3). Final Exam: 70%。
OfferOffer – firm promise to do something or refrain from doing something in exchange for a promise with intention that it shall become binding on acceptanceOffer may be described as the indication by one person to another of his willingness to enter into a contract with him on certain terms.In understanding the concept of offer it is necessary to distinguish between making:⏹An offer and merely indicating a possible course of future conduct⏹An offer and an invitation to treat; and⏹An offer and conduct that is merely part of the negotiations.At the time of formation of a bilateral contract, the obligations of both parties are to be performed. In other words, in a bilateral contract, the obligations of both parties are executory at the time of formation. In the case of a unilateral contract, the obligations of one party (the offeree) are executed at the time of formation while the obligations of the other party ( the offeror ) are executory. P252An offer can lead to a binding agreement only if the offer identifies the terms of the proposed agreement with sufficient certainty. P2531. Offer is not a mere request for information [s8]2. Offer is not an invitation to deal/treat: advertising, auctions and tenders[s11,s14]Termination of Offer[s15]Offer may be terminated when:1. Revocation of offer by offeror◆at any time before it is accepted◆must be communicated to offeree if it is to be effective2. Rejection of offer or counter-offer, by offeree[s24]3. Failure of offeree to accept offer4. Death of offeror5.if the offeror dies, the offer may lapseAcceptance [s29]1.Acceptance is a a “final and unqualified” assent to the terms of an offer2.Acceptance can only be made by those to whom the offer is addressed3.Acceptance must be made in response to the actual offer; it can not be made inBattle of the Forms [s29]1.Each set of terms may constitute counter-offer2.When there is acceptance, the terms set out in the last offer are the terms of thebe irrelevant.Communication of Acceptance [s33]1.The general rule is that there is no agreement until the acceptance is communicatedto the offeror2.The general rule is that acceptance is deemed to occur where it is received by offerorExceptions to rules regarding acceptance [s38]1.Where the parties have dealt regularly with one another in the past, it may bereasonable to conclude on the basis of those past dealings that a contract exists eventhough the offeree has not formally accepted.2.Where the offer and offeree are in the same industry and custom within that industrysuggests that formal acceptance is not necessary, a contract may exists even thoughthe offeree has not communicated acceptance.3.acceptance may be indicated by conduct,4.in the case of unilateral contracts,Offeror may waive the requirement ofcommunication of acceptance so as to relieve the offeree of this burden eg Carlill’scase5.The postal rule.Unilateral Contract [s39-s40]1.Egs offer of prizes, rewards, real estate commission agreement2.The determination of whether a contract is a unilateral contract or bilateral contractwill depend on the intention of the parties, rather than the form of words used 3. Nature of transaction and the expressions used by the parties are relevant in characterising the conduct of the parties 4. -Acceptance is not complete until act is complete -Offer of unilateral agreement is not accepted until offeree has performed act requested [戒烟丸]A greement without identification of offer and acceptance [s51]C ertainty and Acceptance [s52] 1. An agreement which is uncertain in a material respect is not binding 2. Uncertainty - types 2.1 Vague or ambiguous 2.2 Incomplete 2.3 Agreement to enter into contract in the future • Three types of “subject to contract ” agreement– Final agreement reached so that parties are immediately bound by thecontract but more precision as to language of terms– Final agreement but intend to defer performance until terms incorporated infinal document– No intention to conclude a bargain until sign formal contract (as inMasters v Cameron )Intention to Create Legal Relations [s56-S60]Even if there is an offer, acceptance and there is consideration, this does not necessarily mean that the parties intended to enter into a legal relationship• 2 classes of cases have to be considered:1.Domestic agreements 家庭协议[s58]– Between husband and wife – Between parent and child– Others – social relationships2,Commercial agreements 贸易协定[s59]– Where documents are entitled ‘subject to contract ’. – Where payments are made on an ‘ex gratia’ basisConsiderationgeneral rule [s2-s3]☺enforceable agreements may be divided into two type1. formal contracts which do no require consideration-a deed (contract under seal)2. simple contract which do require consideration⏹ totally oral;⏹totally written; or⏹ partly oral and partly written☺consideration dose not have to be in the form of a payment or promise to pay money ☺consideration may be :1. a promise to do something.2. a promise not to do something.3. doing something4. refraining from doing something ☺consideration may be :1. a benefit flowing to the promisor;2.a benefit flowing to a third person at the promisor ’s direction;3.a detriment to the promiseConsideration is different from motive [s6]1. 2. Consideration may not be past consideration [s10]3. Consideration must be something of value in the eyes of the lawConsideration –public policy[s19]Where a plaintiff is already contractually bound to the defendant to do something, if he/she is offered more to do the very same thing, there is no consideration for the newExceptions to rule in Pinnel’s case[s25]1.Paying a smaller sum before the full amount is due - if accepte d at the creditor’srequest2.Paying a smaller sum together with something else - additional consideration is goodconsideration if accepted。
第1篇Ladies and gentlemen,Good morning/afternoon/evening. It is my great honor to stand before you today to address an issue that is of paramount importance to all of us– safety in the workplace. As we gather here, we are reminded of the significance of our work and the responsibility we carry to ensure the well-being of ourselves, our colleagues, and our loved ones.In the world of work, we are constantly exposed to various risks and hazards. Whether we are in manufacturing, construction, healthcare, or any other sector, safety should always be our top priority. The cost of neglecting safety is immense, both in terms of human lives and financial implications. Therefore, it is crucial that we take proactive measuresto create a safe working environment and foster a culture of safety among all employees.Let us begin by acknowledging the importance of safety in the workplace. Safety is not just a legal requirement; it is a moral imperative. Every employee has the right to return home safe and sound after a hard day's work. By prioritizing safety, we not only protect our own lives but also those of our families and friends. Moreover, a safe workplace enhances productivity, reduces absenteeism, and boosts employee morale.To achieve a safe workplace, we must understand the various risks and hazards that we face. Let us explore some of the common risks that we encounter in different industries:1. Physical Hazards: These include machinery, tools, and equipment that can cause injury or harm. It is essential to use appropriate safety gear, such as helmets, gloves, and protective clothing, and to ensure that machinery is well-maintained and operated safely.2. Chemical Hazards: Many industries use hazardous chemicals, which can cause serious health issues. Proper handling, storage, and disposal of chemicals are crucial to prevent accidents and exposure to harmful substances.3. Biological Hazards: In healthcare and food service industries, biological hazards such as bacteria, viruses, and parasites pose a significant risk. Implementing effective hygiene practices and using appropriate protective measures are essential in these sectors.4. Ergonomic Hazards: Poorly designed workspaces and tasks can lead to musculoskeletal disorders, such as back pain and repetitive strain injuries. Providing ergonomic equipment and training employees on proper lifting techniques can help mitigate these risks.5. Psychological Hazards: Stress, workplace violence, and discrimination can have a profound impact on employees' mental health. Promoting a supportive and respectful work environment is crucial to address these hazards.Now that we understand the risks, let us discuss the steps we can take to ensure safety in the workplace:1. Education and Training: Providing comprehensive safety training toall employees is essential. This training should cover theidentification of hazards, proper use of safety equipment, and emergency response procedures. Regular refresher courses should be conducted to keep employees informed and up-to-date.2. Risk Assessment: Conducting regular risk assessments can helpidentify potential hazards and implement appropriate control measures. This process should involve all employees, as their input is invaluable in identifying risks specific to their work environment.3. Implementation of Safety Policies: Establishing clear safety policies and procedures is crucial. These policies should cover topics such as personal protective equipment (PPE), reporting of hazards, and investigation of accidents. Employees should be made aware of these policies and their responsibilities under them.4. Communication: Effective communication is key to a safe workplace. Employees should be encouraged to report hazards and near-misses, and their concerns should be addressed promptly. Regular safety meetings and briefings can help maintain awareness and promote a culture of safety.5. Enforcement: Safety should be enforced consistently. This includes monitoring compliance with safety policies, addressing violations, and taking appropriate disciplinary actions when necessary. Management should lead by example and demonstrate a commitment to safety at all times.6. Continuous Improvement: Safety is an ongoing process. It is essential to continually review and improve safety practices, learn from past incidents, and adapt to new challenges. Encouraging a culture of continuous improvement can lead to a safer workplace.In conclusion, safety in the workplace is a collective responsibility that we must all embrace. By understanding the risks, implementing appropriate measures, and fostering a culture of safety, we can create a workplace where employees can work without fear of harm. Let us commit to prioritizing safety and working together to ensure that our workplace is a safe and healthy environment for all.Thank you for your attention, and may we all strive to make safety a reality in our daily lives.[End of speech]第2篇Ladies and gentlemen,Good morning/afternoon/evening. It is my great honor to stand before you today to address an issue that is of paramount importance to each and every one of us – safety in the workplace. The theme of my speech is "Prioritizing Safety in the Workplace." As we all know, safety is not just a buzzword; it is the cornerstone of a successful and sustainable business.In the world we live in today, where technological advancements and globalization have become the norm, the importance of safety cannot be overstated. It is essential that we, as individuals and as a collective workforce, prioritize safety above all else. This speech aims to highlight the significance of safety in the workplace, the potentialconsequences of neglecting it, and the steps we can take to ensure a safe working environment.I. The Significance of Safety in the Workplace1. Protecting Human LifeThe most fundamental reason for prioritizing safety in the workplace is to protect the lives of our colleagues, friends, and family. Accidents and injuries can occur at any moment, and the repercussions can be devastating. By implementing safety measures, we can minimize the risk of accidents, thereby safeguarding the well-being of our employees.2. Enhancing ProductivityA safe workplace is a productive workplace. When employees feel secure and comfortable, they are more likely to focus on their tasks, resulting in higher productivity levels. Conversely, a workplace with safety issues can lead to decreased productivity, increased absenteeism, and higher turnover rates.3. Reducing CostsAccidents and injuries can be costly for businesses. The financial burden of medical expenses, compensation claims, and potential legal actions can erode profits and damage the company's reputation. By investing in safety, companies can save money in the long run.4. Complying with RegulationsIn many countries, there are stringent regulations and standards governing workplace safety. Non-compliance can result in fines, penalties, and even closure of the business. Prioritizing safety ensures that companies remain in compliance with these regulations, thus avoiding legal repercussions.II. The Consequences of Neglecting Safety1. Loss of Life and InjuryThe most tragic consequence of neglecting safety is the loss of life and injury. Each year, countless workers suffer from accidents and illnesses that could have been prevented with proper safety measures in place.2. Financial LossNeglecting safety can lead to significant financial loss for businesses. The costs associated with accidents, injuries, and legal actions can be substantial, and the impact on the company's reputation can be long-lasting.3. Decreased ProductivityA workplace with safety issues can lead to decreased productivity, as employees may be preoccupied with concerns about their own safety or dealing with the aftermath of an accident.4. Legal RepercussionsNon-compliance with safety regulations can result in legal actions, including fines, penalties, and even closure of the business. This can have a detrimental impact on the company's reputation and future prospects.III. Steps to Ensure a Safe Workplace1. Implementing Safety PoliciesIt is crucial for businesses to develop and implement comprehensive safety policies that cover all aspects of workplace safety. These policies should be clearly communicated to all employees and regularly reviewed and updated as needed.2. Providing Training and EducationRegular training and education on safety practices can help employees understand the risks they face and how to mitigate them. This includes training on the proper use of equipment, handling hazardous materials, and emergency procedures.3. Conducting Risk AssessmentsRegular risk assessments should be conducted to identify potential hazards in the workplace. This information can then be used to implement appropriate control measures to minimize the risk of accidents and injuries.4. Encouraging a Culture of SafetyCreating a culture of safety where employees feel comfortable reporting hazards and near-misses is essential. This can be achieved through open communication, recognition of safe behaviors, and regular safety meetings.5. Ensuring Proper Equipment and MaintenanceInvesting in high-quality equipment and ensuring regular maintenance can prevent accidents and injuries. Regular inspections and repairs should be carried out to keep equipment in good working condition.6. Providing Personal Protective Equipment (PPE)Employees should be provided with the necessary personal protective equipment to protect them from hazards. This includes items such as safety goggles, gloves, and helmets, and it is crucial that employees are trained on how to use them correctly.IV. ConclusionIn conclusion, prioritizing safety in the workplace is not just a moral imperative; it is a smart business decision. By implementing safety measures, companies can protect the well-being of their employees, enhance productivity, reduce costs, and comply with regulations. It is up to all of us to take responsibility for our safety and the safety of those around us. Let us work together to create a safe and healthy workplace for all.Thank you for your attention, and I hope that this speech hashighlighted the importance of safety in the workplace. Let us all commit to making safety a priority in our daily lives and strive for a future where accidents and injuries are a thing of the past.Thank you.第3篇Ladies and Gentlemen,Good morning/afternoon. It is my great honor to stand before you todayto address an issue that is not only critical to our organization but to every single individual who steps into a workplace. The topic at hand is none other than safety in production. As we all know, safety is not just a word; it is a commitment to life and health, a principle that shouldbe at the core of our daily operations.In the pursuit of productivity and efficiency, we sometimes overlook the most fundamental aspect of our work: the safety of our colleagues. However, let us not forget that every life is precious, and every injury or fatality in the workplace is a tragedy that could have been prevented. Therefore, it is imperative that we, as a collective, take a moment to reflect on the importance of safety and the steps we can take to ensure a secure working environment.The Significance of Safety in ProductionFirst and foremost, let us acknowledge the significance of safety in production. It is not merely about avoiding accidents; it is about fostering a culture of responsibility and respect for human life. When we prioritize safety, we are essentially investing in the well-being of our employees, our families, and our communities.1. Preventing Accidents and Injuries: Accidents can happen in the blink of an eye, leading to severe injuries or even fatalities. By adhering to safety protocols, we can significantly reduce the risk of such incidents, thereby safeguarding the health and well-being of our workforce.2. Reducing Costs: Although the initial investment in safety measures may seem substantial, it is a cost-effective strategy in the long run.By preventing accidents, we can save on medical expenses, compensation claims, and potential legal actions. Moreover, a safe workplace enhances employee morale, leading to higher productivity and lower turnover rates.3. Legal and Ethical Obligation: In many countries, there are stringent laws and regulations governing workplace safety. Non-compliance can result in hefty fines, reputational damage, and even imprisonment. Therefore, it is our ethical and legal obligation to ensure a safe working environment.Principles of Safety in ProductionTo achieve a safe workplace, we must adhere to certain principles that form the foundation of our safety culture. These principles include:1. Leadership Commitment: The management must demonstrate a strong commitment to safety by setting clear expectations, providing necessary resources, and actively participating in safety initiatives.2. Risk Assessment: Regularly identify potential hazards in the workplace and implement measures to mitigate them. This includes conducting risk assessments, training employees, and updating safety procedures.3. Prevention Focus: Instead of merely responding to accidents, we should focus on preventing them. This involves proactive measures such as using safety equipment, providing proper training, and maintaining a clean and organized workspace.4. Employee Involvement: Encourage employees to participate in safety initiatives by seeking their feedback, involving them in decision-making processes, and recognizing their contributions.5. Continuous Improvement: Safety is an ongoing process. We must constantly evaluate our safety measures, learn from past incidents, and adapt to new challenges.Implementing Safety MeasuresNow that we understand the importance of safety and the principles that guide it, let us discuss some practical measures we can implement to ensure a safe workplace:1. Training and Education: Provide comprehensive training on safety procedures, emergency response, and the proper use of equipment. Regularly update training materials to reflect changes in processes or technology.2. Safety Equipment: Ensure that all necessary safety equipment is readily available and in good working condition. This includes personal protective equipment (PPE), fire extinguishers, first-aid kits, and emergency exit signs.3. Maintenance and Inspections: Regularly inspect machinery, equipment, and facilities to identify potential hazards. Schedule routine maintenance to prevent breakdowns and ensure the safe operation of equipment.4. Communication: Establish clear communication channels to report safety concerns, incidents, and near-misses. Encourage an open and transparent culture where employees feel comfortable speaking up about safety issues.5. Incident Reporting and Investigation: Promptly investigate all incidents, regardless of their severity. Analyze the root causes, implement corrective actions, and communicate the findings to prevent recurrence.ConclusionIn conclusion, safety in production is not an option but a necessity. It is a commitment to the lives and health of our employees, a cost-effective strategy for our organization, and a legal and ethical obligation. By adhering to the principles of safety and implementing practical measures, we can create a workplace where every individual can work with peace of mind, knowing that their safety is a top priority.Let us all take this opportunity to recommit ourselves to safety and work together to create a culture where safety is not just a word but a way of life. Thank you for your attention, and may we all go home safe at the end of each day.Thank you.。
维尔京群岛国际商务公司法(离岸公司法中英文对照)英属维尔京群岛国际商业公司条例及章程TERRITORY OF THE BRITISH VIRGIN ISLAN DSTHE INTERNATIONAL BUSINESS COMPANIES ORDINANCEMEMORANDUM OF ASSOCIATIONOFXXX LIMITEDNAME1. The name of the Company is XXX LIMITED.REGISTERED OFFICE2. The Registered Office of the Company will be at ___________, British Virgin Islands.REGISTERED AGENT3. The Registered Agent of the Company will be _______________, British Vir gin Islands.GENERAL 0BJECTS AND POWERS4. (1) The object of the Company is to engage in any act or activity that is n ot prohibited under any law for the time being in force in the British Virgin Isl ands.(2) The Company may not:(a) carry on business with persons resident in the British Virgin Islands;(b) own an interest in real property situated in the British Virgin Islands, other than a lease referred to in paragraph (e) of subclause (3);(c) carry on banking or trust business unless it is licensed to do so under the Banks and Trust Companies Ordinance, 1990;(d) carry on business as an insurance or reinsurance company, insurance agen t or insurance broker, unless it is licensed under an enactment authorizing it t o carry on that business;(e) carry on the business of providing the registered office for companies; or(f) carry on the business of company management unless licensed under the Company Management Ordinance, 1990.(3) For purposes of paragraph (a) of subclause (2), the Company shall not be treated as carrying on business with persons resident in the British Virgin Isla nds if:(a) it makes or maintains deposits with a person carrying on business within t he British Virgin Islands;(b) it makes or maintains professional contact with solicitors, barristers, accou ntants, bookkeepers, trust companies, administration companies, investment a dvisers or other similar persons carrying on business within the British Virgin I slands;(c) it prepares or maintains books and records within the British Virgin Islands;(d) it holds, within the British Virgin Islands, meetings of its directors or mem bers;(e) it holds a lease of property for use as an office from which to communicate with members or where books and records of the Company are prepared or maintained;(f) it holds shares, debt obligations or other securities in a company incorpora ted under the International Business Companies Ordinance or under the Comp anies Ordinance; or(g) shares, debt obligations or other securities in the Company are owned by any person resident in the British Virgin Islands or by any company incorporat ed under the International Business Companies Ordinance or under the Compa nies Ordinance.(4) The Company shall have all such powers as are permitted by law for the t ime being in force in the British Virgin Islands, irrespective of corporate benefi t, to perform all acts and engage in all activities necessary or conducive to the conduct, promotion or attainment of the object of the Company.(5) The Company shall have all powers to settle its assets or property or any part thereof in trust or transfer the same to any other Company whether for t he protection of its assets or not and with respect to the transfer the Director may provide that the Company, its creditors, its members or any person havi ng a direct or indirect interest in the Company as any of them may be the be neficiaries, creditors, members, certificate holders, partners or holders of any other similar interest.(6) The directors may by resolution of the directors exercise all the powers of the Company to borrow money and to mortgage or charge its undertakings a nd property or any part thereof, to issue debentures, debenture stock and oth er securities whenever money is borrowed or as security for any debt, liability or obligation of the Company or of any third party.(7) Any mortgage or charge of the undertaking and property of the Company shall for the purposes of Section 80 of the Ordinance be regarded as in the us ual or regular course of the business carried on by the Company.(8) The Company shall exist for an indefinite term or until removed from the Register.CURRENCY5. Shares in the Company shall be issued in the currency of the United States of America.AUTHORIZED CAPITAL6. The authorized capital of the Company is US$500,000.CLASSES, NUMBER AND PAR VALUE OF SHARES7. The authorized share capital of the Company is made up of a total of 50,0 00,000 shares of US$0.01 par value with one vote for each share, divided into the following four (4) classes of shares:28,000,000 Common Shares;22,000,000 Series-A Convertible Preferred Shares;DESIGNATIONS, POWERS, PREFERENCES, ETC. OF SHARES8. The establishment, designations, powers, preferences, rights, qualifications, limitations and restrictions of each class and series of shares that the Company is authorized to issue shall be fixed by resolution of directors.VARIATION OF CLASS RIGHTS9. If at any time the authorized capital is divided into different classes or seri es of shares, the rights attached to any class or series (unless otherwise provi ded by the terms of issue of the shares of that class or series) may, whether or not the Company is being wound up, be varied with the consent in writing of the holders of not less than three-fourths of the issued shares of that class or series and of the holders of not less than three-fourths of the issued shar es of any other class or series of shares which may be affected by such variat ion.RIGHTS NOT VARIED BY THE ISSUE OF SHARES PARI PASSU10. The rights conferred upon the holders of the shares of any class issued wi th preferred or other rights shall not, unless otherwise expressly provided by t he terms of issue of the shares of that class, be deemed to be varied by the creation or issue of further shares ranking pari passu therewith.SHARES11. The number of shares in the Company into which the share capital is divi ded may be issued only as registered shares and may not be issued as or exc hanged for shares issued to bearer.TRANSFER OF SHARES12. Shares in the Company may be transferred subject to the prior or subseq uent approval of the Company as evidenced by a resolution of directors or by a resolution of members.AMENDMENT OF MEMORANDUM AND ARTICLES OF ASSOCIATION13. The Company may amend its Memorandum of Association and Articles of Association by a resolution of members.DEFINITIONS14. The meanings of words in this Memorandum of Association are as defined in the Articles of Association annexed hereto.We, ______________ of ________________, British Virgin Islands for the pur pose of incorporating an International Business Company under the laws of th e British Virgin Islands hereby subscribe our name to this Memorandum of Ass ociation the ___ day of ____, 2000 in the presence of:Witness Subscriber_______________________ _______________________ANNEXARTICLES OF ASSOCIATIONOFXXX LIMITEDARTICLE IPRELIMINARY1.1 Definitions…1.2 "Written" or any term of like import includes words typewritten, printed, p ainted, engraved, lithographed, photographed or represented or reproduced byany mode of reproducing words in a visible form, including telex, facsimile, te legram, cable or other form of writing produced by electronic communication.1.3 Save as aforesaid any words or expressions defined in the Ordinance shall bear the same meaning in these Articles.1.4 Whenever the singular or plural number, or the masculine, feminine or ne uter gender is used in these Articles, it shall equally, where the context admit s, include the others.1.5 A reference in these Articles to voting in relation to shares shall be constr ued as a reference to voting by members holding the shares except that it is the votes allocated to the shares that shall be counted and not the number of members who actually voted.1.6 A reference to money in these Articles is a reference to the currency of the United States of America, unless otherwise stated.ARTICLE IIREGISTERED SHARES2.1 Every member holding registered shares in the Company shall be entitled to a certificate signed by a director or officer of the Company and under the Seal specifying the share or shares held by him, and the signature of the dire ctor or officer and the Seal may be facsimiles.2.2 Any member receiving a share certificate for registered shares shall indem nify and hold the Company and its directors and officers harmless from any lo ss or liability which it or they may incur by reason of any wrongful or fraudule nt use or representation made by any person by virtue of the possession ther eof. If a share certificate for registered shares is worn out or lost it may be r enewed on production of the worn out certificate or on satisfactory proof of its loss together with such indemnity as may be required by a resolution of direc tors.[中文翻译]英属维尔京群岛地区国际商业公司条例XXX 股份有限公司组织大纲名称1、公司名称为XXX股份有限公司。
农村优化营商环境方面工作思路1.加强政府部门协调,形成农村营商环境优化合力。
Strengthening the coordination of government departments to form a synergy for optimizing the business environment in rural areas.2.提升农村基层行政效能,简化审批流程,提高办事效率。
Enhancing the administrative efficiency at the grassroots level, simplifying approval processes, and improving efficiency in handling affairs.3.完善农村土地使用和流转制度,提高土地利用效率。
Improving the system of rural land use and transfer to enhance land utilization efficiency.4.加强农村基础设施建设,提高交通、通讯、供电等设施配套水平。
Strengthening rural infrastructure construction, improving the level of transportation, communication, and power supply facilities.5.支持农村企业和个体经营者,提供创业扶持政策和服务。
Supporting rural enterprises and individual businesses by providing entrepreneurial support policies and services.6.推广农村电商和互联网+,拓展农村市场渠道,提升农产品销售能力。
Promoting rural e-commerce and internet plus, expanding rural market channels, and improving the sales capacity of agricultural products.7.打击乡村黑恶势力,维护农村社会治安秩序,提升营商环境安全度。
目录1 Environmental pro a Chinese auto market (1)2 PESTEL analysis tools About (1)3 PESTEL analysis of China's auto marketing environment .. 23.1 Analysis of the political environment (2)3.2 The legal environment analysis (3)3.3 Analysis of the economic environment (3)3.4 Social Environment (4)3.5 Technology environmental analysis (5)3.6 The natural environment (6)1 Environmental pro a Chinese auto marketChina's auto industry has been started since 1953, after 50 years of development, has now become the car producing countries, international manufacturer of organizations as one of the producing countries of the world's top ten car. Automobile production and sales in 2019 reached 4.44 million and 4.39 million year-on-year growth rate of 35.2% and 34.2%, which is following since its WTO accession, the domestic auto industry for the second consecutive year of rapid growth. 2021 China's auto sales of 13.8 million, surpassed the U.S. as the world's largest auto market. In the 10 years 2000-2021, the Chinese cars and motorcycles increased by 20 times. In the next 20 years, this number is expected to be doubled. This means that, in 2030, China has a number of cars than in 2000 the number of cars worldwide.The status of China's automobile market performance in the following areas: economic cars occupy a dominant position; gradual decline in the degree of consumer concern; made cars than imported cars have obvious advantages; new models listed active in the automotive market.2 PESTEL analysis tools AboutPESTEL analysis model, also known as the environment, an effective tool for the analysis of the macroeconomicenvironment, not only able to analyze the external environment, but also able to identify all the force of the impact of the role of organizations. It is the method of the external factors that affect the organizations surveyed, each letter represents one of the factors can be divided into six major factors: political factors, economic factors, social factors, environmental factors and legal factors.(1) Political Factors (Political): refers to the actual and potential impact of political forces and the relevant policies, laws and regulations and other factors on the organizational and operational activities.(2) An Integrated System Of Legal Factors (Legal): Organization external laws, regulations, judicial status, and civic awareness of the law.(3) Economic Factors (Economic): by the external to the organization's economic structure, industrial layout, resource status, level of economic development and future economic trends.(4) Social Factors (Social): by members of the organization where the social, historical development, cultural traditions, values, level of education as well as customs and other factors.(5) Technical Factors (Technological): technical elements include not only those caused by the invention of revolutionary change, but also with the production of relevant new technologies, new processes, new materials, the emergence and development trends and application prospects.(6) Environmental Factors (the Environmental): an organization's activities, products or services and the environment interact elements.3 PESTEL analysis of China's auto marketing environment3.1 Analysis of the political environmentThe political environment is an important macro-environmental factors of corporate marketing, and political environment to guide the direction of corporatemarketing activities. Of the relevant policies of the well that the automobile industry to make more stable and better development of the automotive industry.(1)Automobile industry development policy to the domestic auto industry to increase the positive force."Automobile Industry Development Policy", the promulgation of the auto industry policy "in 1994 and promulgated on May 21, 2019, regulate the mode of development of China's automobile industry, to accelerate the speed of the domestic automobile production enterprise product upgrading, and to mobilize foreign investment and transfer of technology to China's automobile industry.Industrial policy aimed at protecting the domestic auto industry to improve the competitiveness of the domestic auto companies. Therefore, further liberalization of the domestic manufacturers a variety of regulatory, to promote its growth is set to become an important part of the new industrial policy. This is the so-called pro-active strategic adjustment.(2)To strengthen energy conservation and new energy vehicles policy.Ministry of Finance in the clear notification of years ago, continue to implement a structural tax cut is 2021 an important part of the proactive fiscal policy. 2021, to accelerate automotive industrial restructuring and upgrading, promote energy conservation and recycling of resources, continue to take a financial subsidy policy support to promote fuel-efficient cars and increase the promotion of new energy vehicle demonstration efforts, continue to implement the old car is scrapped update the subsidy policy . There are 272 finalists energy saving of 1.6 liters and below passenger car car allowance catalog, and consumers to buy these models available subsidies of 3,000 yuan per vehicle. The old car is scrapped each vehicle will receive a subsidy of 5,000 yuan to 15,000 yuan.(3)China's industrial policy support. As capital-intensive and technology-intensive industries, the car has a strong role in boosting the national economy, the state will be divided into one of the focus on the development of pillar industries. 3.2 The legal environment analysisThe legal environment also affect marketing in one of the important factors, the legal environment of the business activities of the Code of Conduct. Only to recognize and understand the automotive industry, all kinds of laws, regulations and rules and regulations, in order to better develop the automotive industry.(1)"Defective auto product recall regulations and the car" three guarantees "policy to protect the interests of consumers.This is China's auto market regulations to improve and perfect, is to create a favorable market environment for China's auto manufacturers, distributors and consumers to provide legal and regulatory protection.The former eliminates the insecurity of the defective car security risk to society as a whole, to maintain public safety. The latter implementation of automotive products for repair, replacement or return operators to consumers due to a contractual liability is a contractual obligation. Its implementation will be to provide a strong legal basis for consumer rights.(2)"Automotive Finance Corporation management approach" standardize automobile consumption credit business management."Procedures" promulgated and implemented in China to fulfill to join the WTO commitments, standardize automobile consumption credit business management initiatives will foster and promote the diversification of auto financing business, automobile consumption credit market specialization produce positive and far-reachinginfluence and promote the development of China's automobile industry, and promote sustained andhealthy development of all aspects will play an active role. 3.3 Analysis of the economic environmentThe economic environment refers to those economic factors that can influence customer purchasing power and consumption patterns.(1) GDP smooth high-speed growth. Since the reform and opening up, China's national economy level of continuous improvement, the gross domestic product (GDP) increased from 362.4 billion yuan in 1978 to 18.2321 trillion yuan in 2019, the first industry was 2.2718 trillion yuan, an increase of 5.2%, secondary industry 8.6208 trillion yuan, an increase of 11.4%, the tertiary industry was 1.3395 trillion yuan, an increase of 9.6%. The consumption structure of residents are from the yuan level to 100,000 yuan-level transition, the major consumer goods, automobile, housing, communications, education.(2) Internationalization of the market. China's auto industry faces a huge global market. 2019 global vehicle sales to more than 4000 million, while the Chinese car exports only 170,000 in the international market share of very few.3.4 Social EnvironmentSocial and cultural environment refers to the formation of the sum of the values, religious beliefs, customs, ethics, etc. in a social form.(1)A nation's traditional culture, people's propensity to consume and demand will have a huge impact, which includes customs, ethics and values, they are deeply rooted in people's thoughts and ideas about people's preferences. Now, young people's ideas are gradually westernized, "to spend tomorrow's money to do things today, the credit as a fashion consumer attitudes; pursuit of fashion, like the maverick, the transformation of these ideas on impact of the automotive market.(2)Consumer era of personalized vehicle customization era. The survey shows that 30 to 45-year-old emerging knowledge ofthe managerial or professional who is the main consumer of high-end cars, are more concerned about the inherent quality and personalized taste of the brand, the consumer culture of the high-end cars will become more and more internationally oriented, personalized and diversification.(3)Low consumer brand loyalty, price-sensitive, follow the trend of consumption. Most people are first-time buyers, low brand recognition, about half of the people in accordance with the views of family and friends. Consumers require manufacturers and distribution tours offer more services and support.3.5 Technology environmental analysisScience and technology are the most active factor in the social productive forces, which affects all aspects of the historical process of human society and social life, the impact of marketing activities is obvious. Modern science and technology advances, the development of science and technology influence the performance of corporate marketing activities in the following areas.(1)Development of automobile technology. The car speed up product renewal, deepening the impact on people's lives, the constant application of other high-tech, automotive electronics and other hot spots are emerging.(2)China's domestic automobile enterprises to insufficient capital investment, weak R & D capabilities, the lack of core technology. Technology development costs of foreign auto companies invested about 3% -5% of annual sales, the amount of up to hundreds of millions or even billions of dollars, the 2019 Ford R & D expenditure of $ 7.2 billion $ 5.4 billion, General Motors, Toyota, $ 4.6 billion. some of our key enterprises, less than 1%.(3)The impact of international technology. The world has entered the era of high-tech economy, industry, the rapid development of various new materials, new process of continuousdevelopment and application, to meet people's growing material and cultural needs, while the use of new scientific management methods, to improve labor productivity. played an important role to promote social progress. Promotion of new energy research and development of hybrid vehicles, pure electric vehicles, fuel cell vehicles, as well as the key technology to drive fuel vehicles and auto parts industry development is the theme of the automotive industry in the world today.3.6 The natural environmentThe natural environment refers to the social production of natural factors, including natural resources and ecological environment. The impact of cars on the resources and the environment mainly from two aspects: the demand for fuel led to the depletion of oil resources and the burning of oil pollution on the environment. The car of the future will be more new materials and new technologies, and will greatly reduce the pollution caused by the environment.(1)The climatic factorsThe quality of the natural climatic conditions of the car's cooling, lubrication, starting and charging efficiency, braking performance, power play, and the normal work of the automotive parts and even the life of a direct impact, while the driver's working conditions also have a substantial impact. The car companies in the marketing process, you should pay attention to local climatic conditions, to market the car to suit the local climate characteristics, and make the appropriate service.(2)Geographical factorsGood or bad from a regional geographical conditions largely determine the environmental conditions of the region's economy and population, but also determine the role and status of the motor transport, impact on the target market and its size and demand characteristics ; natural and geographical conditions on the quality of roads (such as road width, slope, bend radius,smoothness, sturdy, tunnels, bridges, etc.) has a decisive influence on the specific performance of the automotive products have different requirements. Therefore, the auto companies in different areas should be introduced to the performance of different products.(3)Road traffic factorsRoad traffic factors refers to factors affecting a country or region is determined by road conditions and traffic conditions. Traffic conditions including traffic flow on the highway, the cars are the length of road or area, three-dimensional traffic, mixed traffic and transport management level and other factors of the situation. The quality of the road traffic conditions not only directly on the vehicle speed, road safety, fuel and operation of materials consumption, car transport service quality, the transport distance have a significant impact, and the selection and use of car modes of transport have a direct impact thus constitute an important factor for automotive marketing. Over the years, highway construction in China with foreign advanced level, there is the road a small number of low-density, low-grade, resulting in road construction is lagging behind in the development of automobile industry and motor vehicles through the poor, and a variety of vehicles Francis situation. In recent years, the pace of highway construction has accelerated in 2021, will build 35,000 km, linking Beijing, capital of the provinces and cities, central city, a major transportation hub and an important port of the "five vertical and seven horizontal" Highway 12 main Link. As highway construction, especially highway construction to speed up the network of high-grade highway network will change the way people travel, and effectively promoted the development of the automotive market.。
涉外法治英语《涉外法治:构建国际社会法治秩序》With the increasing globalization of the world, the importance of international law and the rule of law in international relations has become more and more prominent. As countries and individuals engage in cross-border activities, it is essential to have a strong framework of laws to govern these interactions and ensure justice and equality for all parties involved. This is where the concept of "涉外法治" (shè wài fǎ zhì) in English, "the rule of law in international affairs," becomes crucial.涉外法治 emphasizes the importance of applying legal principles and regulations to international relations, including trade, diplomacy, and conflicts between nations. It involves the implementation and enforcement of international law to regulate the conduct of states, international organizations, and individuals in their interactions with other entities across borders. The goal is to create a fair, just, and predictable international legal system that addresses the complexities and challenges of a globalized world.The principles of涉外法治 are enshrined in various international treaties, conventions, and agreements, such as the United Nations Charter, the Geneva Conventions, and the Vienna Convention on Diplomatic Relations. These legal instruments provide a framework for resolving disputes, protecting human rights, and promoting peaceful coexistence among nations. In addition, international courts and tribunals, such as the International Court of Justice and the International Criminal Court, play a crucial role in upholding the rule of law in international relations by adjudicating legal disputes and holding individuals and states accountable for their actions.Furthermore,涉外法治 also encompasses the concept of "national treatment," which requires countries to treat foreign entities, including individuals and businesses, in the same way as their own citizens or companies. This principle aims to promote equality and non-discrimination in international trade and investment, ensuring that foreign actors are not disadvantaged or unfairly treated in the host country.In today's interconnected world, the concept of涉外法治 has become more important than ever. The rise of transnational issues, such as climate change, terrorism, and cybercrimes, requires a strong and effective international legal framework to address these challenges. By promoting the rule of law in international affairs, countries can work together to tackle global problems, uphold human rights, and maintain peace and stability in the international community.In conclusion,涉外法治 is a crucial concept that underpins the international legal system and governs the conduct of nations, organizations, and individuals in their global interactions. By upholding the rule of law in international affairs, countries can create a fair, just, and predictable international legal system that promotes equality, peace, and prosperity for all.。