Preface

• Author: Weiran Yang and Lu Meng
• Pages: 1-2

Tsinghua China Law Review

Volume 9 Fall 2016 Number 1

PREFACE

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.