The development of surrogacy technology has brought hope to families with reproductive disorders. The current surrogacy regulations show that China has always been strictly against any form of surrogacy, but illegal surrogacy is still widespread. The departmental rule on surrogacy has a legal loophole; it does not clearly stipulate the legal consequences for involved parties who breach the regulation. China has not yet established a mature supervision and implementation hierarchy. The monitoring system for surrogacy is restricted to administrative special rectification; the prevention mechanism and the deterrence effect are not in place. Therefore, this article investigates illegal surrogacy in China, re-examines the current regulatory framework of surrogacy in China from the perspectives of legislation and supervision and suggests some changes needed to deal with the legal challenges posed by surrogacy.
The prevalence of the Internet Plus model and mobile applications have brought people into the era of sharing economy, thus accelerating the generation of the “gig-worker.” Foreign experiences have tended to classify gig-workers as employees or as an additional employment category. However, reviewing China’s domestic practices, employment legislation is not enough to keep up with this innovative working style because the work classification and supporting mechanisms for gig-workers have not yet been explicated. This paper identifies the major types of gig-workers that have arisen and investigates 110 court cases to better understand the employment status of gig-workers in China. The empirical results indicate that the judgements of similar facts are diverse in the absence of a unified employment standard. Therefore, it is recommended that the work classification of gig-workers be clarified, lawful access to benefit plans and work protection system be safeguarded, and burden of accident liabilities be fairly distributed.
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