Preface

• Author: CUI Jiale & LIN Meng
• Position: Co-Editors-in-Chief
• Pages: 9-12

Volume 13 Fall 2020 Number 1

PREFACE

The Fall 2020 Issue of Tsinghua China Law Review comes amid

an uplifting historic moment in the decades of a legislative marathon

— the Chinese Civil Code will take effect at the beginning of the

year 2021. We for the first time open the China Law Update column

to law school students at home and abroad, calling for submission to

stimulate discussion on this newly enacted legislation. The Civil

Code not only marks a milestone in the progress of China’s legal

system, but also has a profound influence on the way people interact

with each other in the Chinese contemporary society.

Besides the Civil Code, as ever, this issue provides our readers

with a variety of scholarly articles in order to keep with our goal to

promote understanding and a critical examination of the issues

impacting Chinese l aw. The articles cover a broad range of s ubjects,

including the transplantation of the business judgement rule into

China’s Company Law, the significance of the pre-inauguration oath

in the context of One Country Two Systems, China’s practices in

international anticorruption cooperation, and the classical

Confucianism under the legal realism approach.

In the article entitled A Statutory Business Judgment Rule for

China’s Company Law: Theoretical and Comparative

Considerations, Dr. Kevin M. Hubacher engages into the discussion

of the business judgment rule, a principle of corporate governance

with l ongevity. Based on the widely accepted elements pertinent to

the business judgment rule, the author identifies that China’s

Company Law for joint stock limited companies has all the

prerequisites to transplant this rule. After assessing the feasibility of