Civil Law (Books and Journals)
- Tsinghua China Law Review From No. 1-1, June 2009 to No. 13-1, June 2020 Tsinghua Law School, 2020
- Renmin law faculties offer public lectures on the Civil Code
Legal Realism And Chinese Law: Are Confucian Legal Realists, Too?
How should we understand, describe, and/or characterize classical Confucian legal thought (i.e., pre-Qin Confucianism, namely, the thought of Confucius and Mencius)? Some scholars have argued that classical Confucianism should be understood as a natural law theory. Others have argued that it should be understood as a Dworkinian coherence theory of law. Still others have maintained that classical...
- China's Recent Civil Law Codification In The High-Tech Era: History, Innovations, And Key Takeaways
- Personal Information Protection Under Chinese Civil Code: A Newly Established Private Right In The Digital Era
- The Civil Code And The Private Law Protection Of Personal Information
- In The Context Of Chinese Constitutionalism And The Hong Kong Basic Law: Is 'Separation Of Powers' A Delusionary Product?
A Statutory Business Judgment Rule For China's Company Law: Theoretical And Comparative Considerations
The conversion of China’s planned economy to a socialist market economy cleared the way for the emergence of enterprises in the sense of the Coasean theory of the firm. A centralized decision-maker coordinates the allocation of resources and the firm’s activities. He is vested with authority and responsible to the firm’s owners. The tension between authority and responsibility is balanced by the...
An Oath: Constitutional Dialogue Between Chinese Law And Common Law
This Article provides an analysis that though there are many occasions that the courts in the HKSAR differ from the NPCSC in terms of the interpretation on the Hong Kong Basic Law, there are some occasions that common law and Chinese law agree, and the occasion to uphold the solemnity and legality of the oaths taken by public officers is one of those. The author compares the legal and political...
On The Un Convention Against Transnational Organized Crime And Convention Against Corruption In China: Domestic Efforts And International Cooperation
The aim of this article is to explore the challenges and approaches of acceptance and implementation of the UN Convention against Transnational Organized Crime (UNTOC) and the UN Convention against Corruption (UNCAC) in China and to examine the practice of international anticorruption cooperation. The challenges of acceptance of the UNTOC and the UNCAC mainly comprise political, national interest
A Comparative Perspective of Eminent Domain Laws in the United States & China
In the United States and China alike, eminent domain proceedings have uprooted and displaced millions of citizens over the years as to facilitate and hasten economic development. Both nations' constitutions share similar texts regarding the limitations of eminent domain proceedings - the scope of which has historically been broadened and manipulated as to ensure the quick redevelopment of...
- Further Opening-Up to Foreign Investment: The New Negative Lists
- Cyber Protection of Personal Information in a Multi-Layered System
- The People's Assessors in China's Legal System: Current Legal Structure for Their Duty and Its Justification
The Digital Platform Economy and Its Challenges to Taxation
Digitalization is transforming many aspects of our everyday lives, including the global business landscape. One of the most distinct features of the digital economy is the rise of platforms. Digital platforms not only change the supply chain in many industries but also create fundamental challenges for established tax principles. This paper will cover two of the most imminent challenges. The...
Do Confessions Contribute to Lenient Punishments in China? An Empirical Study Based on Crimes-of-Intentional-Injury Trials
The statutory confession (??????) in China's criminal justice system is oriented toward the policy that "leniency shall be granted to those who confess, severity shall be imposed on those who resist" (????,????). This is part of a long tradition with distinctive Chinese characteristics. We collected 6,876 intentional injury judgment documents (2014-2017) and analyzed them using an Ordinary Least...
Property System in Traditional China and Its Enlightenment
The real property system in the Ming and the Qing Dynasties manifested itself as a dual structure of the macro and micro real property order spontaneously formed in local society. Taking "ye" (property) as the core concept and private contracts as the tool, the property rights system was composed of various managing hierarchies and transaction forms. The managing hierarchies were based on four...
- A general clause of punitive damages should be established in China's future Civil Code
Lay Participation in the Adjudication of Legal Disputes: A Legal-Historical and Comparative Analysis Focusing on the People's Republic of China and Its Special Administrative Region Hong Kong
The participation of lay persons in the adjudication of legal disputes is generally regarded as a necessary and effective constituent for a credible and independent judicial system. This is exemplified in the trial by jury in jurisdictions with legal systems following the common law tradition, and the participation of lay assessors sitting together with (a) professional judge(s) in mixed-court...
Trademark Trolls in China: Reasons and Solutions of the Serious Market Disturbing Problem
In recent years, trademark trolls have become a serious problem that disturbs the Chinese market. Though trademark trolls are concomitant with the trademark registration system, their overspreading in China is due to particular social and legal factors: the proactive trademark protection policies which value trademark certificates over the goodwill of trademarks that have developed over time;...
The Copyright Protection of Video Games from Reskinning in China-A Comparative Study on UK, US, and China
Video games are becoming a popular form of entertainment, as well as an important part of the Internet industry. With the advancement of computing and graphics technologies, video games are now defined by various elements, which are the intellectual achievements of the designers. However, the prosperity of video games also creates a breeding ground for copyright infringements. Reskinning, as one...
E-bikes Regulation in Beijing
E-bikes regulation is a comprehensive urban traffic management, which connects all links and involves the participation of all interested parties. In Beijing, the E-bike governance has been changed from "prohibition" to "regulation", which mainly concentrates on three aspects: product quality, registration for license plates, and management of non-standard vehicles. Product Catalog is an...
What Do the Panama Papers Teach Us about the Administrative Law of Corporate Governance Reform in Hong Kong?
A complex business environment calls for a flexible administrative law for the agencies that oversee corporations. Nowhere illustrates this maxim better than Hong Kong, and its need to reform corporate regulations after the Panama Papers revelations. We describe how only a "non-administrative" administrative law can best cope with the challenges facing the regulation of corporate governance. Such
- Supervision Paired with Innovation: The New Vaccine Administration Law
- The First-Ever E-Commerce Law: How Will the Law Impact Individuals and Businesses?
- Unifying Technical IP Adjudication: The Launching of Intellectual Property Tribunal of Supreme People's Court
- Editor's note
- Forty themes on the innovation and development of chinese legal research in the reform and opening up era