AuthorWeiran Yang and Lu Meng
Tsinghua China Law Review
Volume 9 Fall 2016 Number 1
Tsinghua China Law Review Fall 2016 Issue elaborately selects
articles on current research of Chinese laws, ranging from traditional
Chinese legal thoughts to new development in Chinese legal
practices. The authors contributing to this issue represent diverse
academic and professional backgrounds. Their insights into the
development of Chinese legal system would help our readers gain a
better understanding of Chinese laws and stay on the forefront of
Chinese legal development.
In A Confucian Theory of Property, Professor Norman P. Ho, an
esteemed scholar from Peking University School of Transnational
Law, explicates certain Confucian teachings and values, and
summarizes three theoretical strands. His paper presents a Confucian
justificatory theory of private property and offers an ingenious
perspective to consider the Confucian tradition as a worthy resource
of a "truly pluralist theory".
In Casual Uncertainty in Chinese Medical Malpractice Law –
When Theories Meet Facts, YU Xiaowei, a promising researcher
from Faculty of Law, Maastricht University, examines the Chinese
way of solving casual uncertainty in medical malpractice cases.
Contrary to European Center of Tort and Insurance Law (ECTIL),
Chinese courts are more flexible when governing “hard cases” where
there is no clear rule could be referred to. YU justifies Chinese
courts' commonly adopted pattern - proportional liability, from both
the legal and the concise law and economics analysis.
In Towards Constitutional Re-Enlightenment: Teaching American
Constitutional Law in China, Professor LIU Han, an acclaimed
comparative constitutional voice from School of Law, Tsinghua
University, has graciously acceded to TCLR’s request to share his
distinctive experience in teaching American constitutional law at
Tsinghua. Professor LIU pictures his comprehensive interactions
with Chinese undergraduate students, and shows how students
gradually gain in-depth understandings of constitutional law.
In Transparency versus Stability: The New Role of Chinese
Courts in Upholding Freedom of Information, CHEN Yongxi, a
postdoctoral researcher of the University of Hong Kong, studies the
exemption clause of the Regulation on Open Government
Information. He comprehensively explores the important role of
Chinese courts in balancing the goals of promoting government
information transparency and maintaining social stability.

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