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Current Issue: VOLUME 11, NUMBER 1
Issue masthead
Preface
By LIU Zihe and TANG Ping Fan
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. [read more...]
 
 
Preface | 11 Tsinghua China L. Rev. (2018)
The Role of Public Perception in the Rule of Law
By Gregory N. Mandel
This article adopts a bottom-up approach and focuses on the impact of public perception on the implementation of the rule of law. The author deals with the issue from the perspective of an intellectual property law scholar: he explores Chinese and American attitudes toward intellectual property protection and observes that some commonly held perceptions are disproved—for instance, there are greater similarities across cultures than previously perceived. A large disconnection between the public perception and the actual law is also identified, which poses a genuine legitimacy challenge for the intellectual property law in terms of its functionality. [read more...]
 
 
Symposium Contribution | 11 Tsinghua China L. Rev. 1 (2018)
The Application and Challenges of Blockchain in Intellectual Property Driven Businesses in China
By Frederick Mostert and WANG Jue
“Blockchain” is the buzzword of this year. Blockchain technology has the potential for significant real-world applications in intellectual property-driven businesses – fighting piracy, securing supply-chains, tracking, tracing provenance, etc. However, the use of Blockchain also raises some questions. For example, how can users be sure the information on Blockchain is completely reliable? How will providers and users cope with possible cross-jurisdictional legal issues? Can the integrity of Blockchain based data be guaranteed? Discussions over these legal issues remain to some extent embryonic. Some initiatives undertaken in China and elsewhere could potentially set new standards, norms, and legal principles.
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Symposium Contribution | 11 Tsinghua China L. Rev. 13 (2018)
Debates on Mutilating Corporal Punishments and Theories of Punishment in Traditional Chinese Legal Thought
By Norman P. HO
This article carefully summarizes and analyzes key historical debates over the Mutilating Corporal Punishments. He also provides full translations of the debates that have never been previously translated into English. It is argued that the MCP debates suggest that officials in pre-modern China justified punishment primarily on what we would describe as “consequentialist” bases and reveal that punishment was also justified based on appeals to the authority of history and antiquity.
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Article | 11 Tsinghua China L. Rev. 43 (2018)
A Chinese Perspective on the Investment Court System in the Context of Negotiating EU-China BIT
By NING Hongling and QI Tong
The EU first proposed the Investment Court System (ICS). Under the initiative of One Belt One Road, whether and to what extent China would accept ICS require an in-depth analysis of the coherences and divergences between the EU and China? This article argues that bilateral ICS is not more effective than traditional Investor-State Dispute Settlement and Multilateral Investment Court (MIC) will ensure a fair and efficient adjudication. This article suggests that: MIC should integrate Chinese characteristics; MIC should be friendly to developing countries; MIC should be friendly to investors; a Multilateral Investment Treaty is necessary. [read more...]
 
 
Article | 11 Tsinghua China L. Rev. 91 (2018)
The Rise and Challenges for China’s PV Deployment Regulation
By CHEN Zhaoxi
This article presents the business model and policies in relation to solar photovoltaic industry in China in the past decade. A recent drastic regulation change has seen that the government’s focus on PV deployment methods was shifted from centralized large-scale PV generation (LSPV) to distributed PV generation (DPV). This research compares the different regulation tools used by the Chinese government in relation to the deployment of LSPV and DPV projects and assesses their respective development challenges as well as regulatory impacts. [read more...]
    
Article | 11 Tsinghua China L. Rev. 129 (2018)
Minutes of the National Court Work Conference on Bankruptcy Trials Issued by the Supreme People’s Court
By LIN Ziyu
This note introduces the official Minutes of the 2018 National Court Work Conference on Bankruptcy Trials issued by the Supreme Court. Due to the significant role administrators play in bankruptcy proceedings, the minutes take several measures to enhance their professional capability. The minutes also puts emphasis on the balance of the interests of creditors and bankrupted enterprises by establishing the conditions and the jurisdiction principle for substantive consolidation process, with an aim to strengthening the connection between enforcement and bankruptcy procedures to enhance judicial efficiency. [read more...]
 
 
China Law Update | 11 Tsinghua China L. Rev. 159 (2018)
An Update Crafted in Practice: The New Regulation on Medical Disputes
By YAO Ziyi
This note mainly introduces the Regulation on the Prevention and Handling of Medical Disputes, which was issued by the State Council on July 31, 2018 and effective on Oct. 1, 2018. The new regulation reflects the government’s efforts in response to the problems triggered by medical disputes, including the widely concerned violence towards medical practitioners. The new regulation heightens the role of mediation in medical disputes and details the written consent requirement in special medical care. The regulation further ensures patients’ right of access to complete medical records. [read more...]
 
 
China Law Update | 11 Tsinghua China L. Rev. 167 (2018)
Judicial Interpretations of Provisions of the Supreme People’s Court on Several Issues Concerning the Hearing of Cases by Internet Courts
By ZHOU Yuhang
This note introduces the Provisions of the Supreme People's Court on Several Issues Concerning the Hearing of Cases by the Internet Courts issued by the Supreme Court Judicial Committee in September 2018. The Provisions covers a broad range of matters in connection with the jurisdiction of the Internet Courts, the appeal mechanism, and the requirements for the construction of the Internet litigation platforms. It also clarifies the online litigation procedural rules including identity authentication, case filing, response to lawsuits, evidence exchange, trial proceedings, delivery, signature, and archiving. [read more...]
 
 
China Law Update | 11 Tsinghua China L. Rev. 175 (2018)

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