Preface

• Author: Liu Zihe and Tang Ping Fan
• Pages: 1-2

Tsinghua China Law Review

Volume 11 Fall 2018 Number 1

PREFACE

This Special Issue represents a series of our efforts in

commemorating the 10th Anniversary of the establishment of the

Tsinghua China Law Review. The theme of the Special Issue – Witness

the Transformation, reflects the way we have positioned ourselves

since our inception, which is to promote a greater understanding and

a critical examination of issues impacting the rapidly transforming

legal landscape in China.

A number of subject areas are given considerable attention in this

Special Issue, including jurisprudence, intellectual property, legal

history, international arbitration and dispute settlement as well as

energy law. Apart from the articles we carefully select from online and

email submissions, we include contributions made by two of our

distinguished guest speakers in “The 10th Anniversary S ymposium:

China’s Role Under the Globalization of the Rule of Law”, which was

successfully held on 8 September 2018. The Special Issue also sees

our milestone effort to resume the China Law Update column, a

platform where we publish editorial notes to reflect upon some of the

latest developments of Chinese law a nd society additional to those

being covered in our articles.

In The Role of Public Perception in the Rule of Law, Gregory

Mandel adopts a bottom-up approach and focuses on the impact o f

public perception on the implementation of the rule of law. By

exploring American and Chinese attitudes towards intellectual

property rights, the author identifies a large disconnection between the

public perception and the actual law in both countries, which produces

genuine legitimacy challenge for the intellectual property law in terms

of its functionality.

In The Application and Challenges of Blockchain in Intellectual

Property Driven Business in China, Frederick Mostert and WANG Jue

introduce the recent applications of the most heated technology in

commercial and legal worlds, in which China takes a leading role.

Despite Blockchain’s untapped potential in trademark, copyright and

evidence uses, the authors are also aware of the underlying challenges

and dilemmas, such as reliability of information, privacy a nd

jurisdiction.

In Debates on Mutilating Corporal Punishments and Theories of

Punishment in Traditional Chinese Legal Thought, Norman Ho

carefully summarizes and analyzes key historical debates over the

Mutilating Co rporal Punishments, many of which are for their first