Tsinghua China Law Review

Publisher:: Tsinghua Law School
Publication date:: 2020-01-08

ISBN:: 2151-8904

Issue Number

Latest documents

Preface
A Statutory Business Judgment Rule For China's Company Law: Theoretical And Comparative Considerations
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 impact of an oath in the Eastern and Western world since ancient times. She further establishes her arguments that no matter by common law or Chinese law, the interpretation of Article 104 of the Hong Kong Basic Law would arrive at the same conclusion. Through detailed discussion on common law cases on the validity of an oath, the author observes that it is foreseeable that the legislators who breached the form as well as content of the Legislative Council of Hong Kong oath in 2016 would be disqualified if one paid attention to an earlier judgement in 2004 in relation to whether the format of swearing the oath may be deviated. The answer from the Court is “NO”. The interesting point is that 12 years later there is an NPCSC Interpretation on Article 104 of the Hong Kong Basic Law, the content of which very much resembles common law principles on the validity of an oath and its legal implication if the oath is not sworn solemnly by legislators in the prescribed form. Therefore, the author argues that regarding an oath, common law and Chinese law agree
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 and anticorruption strategy considerations. Meanwhile, the challenges for the acceptance and implementation of these two international conventions involve not only good governance and the rule of law considerations but also the need to integrate them domestically into the national legal system. Criminal Law is an important part of the laws used in anticorruption efforts: As society has developed, the scope of corruption crime has correspondingly expanded. In recent years, because of these two important international conventions, China’s international cooperation has resulted in some practicable achievements, especially in terms of individual asset recovery
Legal Realism And Chinese Law: Are Confucian Legal Realists, Too?
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?
Preface