Preface

• Author: Lin Ziyu
• Pages: 1-3

Tsinghua China Law Review

Volume 12 Fall 2019 Number 1

PREFACE

The Fall 2019 Issue of Tsinghua China Law Review dedicates to

advancing the forefront discussions of Chinese law. We bring

together a diverse group of legal scholars to address challenges

facing Chinese society and the world. By integrating understandings

of the legal systems in the U.S. and Europe, the scholarships delve

deep into several important issues, including the transition of

state-owned enterprises to private entities, and tax compliance in the

digital economy.

In this issue, we received high-quality submissions from the 2019

Computational Law Forum held at Tsinghua University. These

articles probe into the intersection of technology and law. Some

examine the legal challenges brought by the fast-evolving tech, while

others utilize data mining to analyze Chinese judicial practice. The

articles and essays in this issue also cover the areas of bankruptcy,

property and eminent domain laws. Our editors in the China Law

Update keep a high quality of writing and provide thoughtful notes

about the latest Chinese legislations.

In the article entitled Contractual Corporate-Insolvency

Resolution in Transitional Economies, Professor Barry E. Adler

discusses the advantages of contractual resolution over judicial

valuation and auction in the bankruptcy process. He argues that a

contractually implemented Chameleon Equity capital structure could

serve as an efficient tool in the transition of state-owned enterprises

to privately financed entities. The author considers it ideal for China

to introduce a contractual alternative to the bankruptcy process.

In the article entitled The Digital Platform Economy and Its

Challenges to Taxation, Professor Thomas Fetzer and Ms. Bianka

Dinger probes into the challenges posed by digital economy to tax

law. The authors evaluate the initiatives published by the EU, which

recommend a digital services tax as a short-term solution and the

concept of significant digital presence as a long-term approach to the

problems. The ar ticle provides a deep analysis of the enforcement

issues created by the sharing economy and proposes several

alternative mechanisms, including a withholding tax system, to

ensure taxation.

In the article entitled Do Confessions Contribute to Lenient

Punishments in China? An Empirical Study Based on

Crimes-of-Intentional-Injury Trials, Professor Wang Fang and

Professor Guo Liang collect thousands of Chinese judicial decisions