Constitutional Law (Books and Journals)
Between tradition and modernity: the re-trial system of the Beiyang period in the early Republic of China (1912-1928)
During the Beiyang period of the early Republic of China, the re-trial system 覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to ensure that the case facts were true, the law was correctly applied, and the penalties were appropriate. The scope of the re-trial cases continuously expanded from 1912 to 1922 and,...
- HLS professor David W. Kennedy discusses global governance in Renmin law School
Institutional reform and social changes in Northeast China during the late Qing: a case study of appeal trials
Institutional reform and social changes in northeast China during the late Qing period are usually attributed to the Qing dynasty changing its policy on immigration to northeast China. However, institutional reform because of debt appeals between civilian creditors and the Mongolian princes is often overlooked. Using administrative cases from Fengtian Governor Archives and Kirin Prefecture...
- 40 years of Chinese reform and opening up alongside Chinese Constitutional study
Data regulation in the internet of things
The reflections on data regulation in the internet of things (IoT) in this paper provide an overview of the different conceptions and legal problems of “data property rights.” Beginning with an overview of the existing and possible applications of the future IoT (in particular, smart cars), this paper describes the legal concerns that may arise because of increased commercialization of object-gene
Personal data protection: rethinking the reasons, nature, and legal framework
This paper rethinks the reasons for and the nature and means of personal data protection. The reasons for personal data protection are that it could promote the fairness and effectiveness of information flow, help individuals develop their independent personality, and equip them to deal with risks. With respect to the nature of personal data, this paper argues that such data should not be...
Fundamental rights in the digital era, horizontal effect and the distinction between 'state' and 'society' in German and European Constitutional theory
The article discusses the proposal for a “Charter of Digital Fundamental Rights of the European Union,” whose central element is a binding effect of its fundamental rights not only to state authorities, but also to powerful private internet companies, which have a potential similar to that of the state to infringe on fundamental rights in the digital era. The article outlines the traditional...
- Unconstitutionality of reciprocity requirement for recognition and enforcement of foreign judgments in Japan
- Why Late Qing Constitutional Reform Failed: An Examination from the Comparative Institutional Perspective
- Towards Constitutional Re-Enlightenment: Teaching American Constitutional Law in China
The Making and Structure of the 1982 Constitution of China
This article aims to historically explore the political and ideological structure of the 1982 Constitution, both of which are multiple and can, therefore, be examined from various angles. This includes, first of all, the historical changes of the United Front and the Political Consultative Conference as well as the political implications and the isolation function of their non-politicization....
- Siblings of the Dragon: China's Territories and Constitutional Law
Constitutional Politics: The Road to Permanent Peace and Stability on How the Communist Party Can Escape from the Historical Cycle
Implementing constitutional governance (constitutionalism) results from China's more than sixty years of hard exploration and bitter lessons. Only through practicing the rule of law and effectively establishing constitutionalism can the Communist Party of China ("CPC") escape from the historical cycle of sliding into decline after achieving success and fully solve the institutional problems...
- A New Constitutional Order in Hong Kong: Managing Conflict Over the Interpretation of the Basic Law