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Current Issue: VOLUME 9, NUMBER 2
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Preface
By MENG Lu and YANG Weiran
Tsinghua China Law Review Spring 2017 Issue provides our readers with a comprehensive understanding of the Chinese legal history, current development and future possibilities. [read more...]
 
 
Preface | 9 Tsinghua China L. Rev. (2017)
The Independent Director System in China: Weaknesses, Dilemmas, and Potential Silver Linings
By Sang Yop Kang
The independent director system in China has many weaknesses. Independent directors might not be truly independent, and they are not always equipped with the necessary information and expertise. The controlling shareholder ownership aggravates problems of the independent director system. Particularly, it is highly likely that the system based on rubber-stamp directors is used to justify corporate policies and transactions in favor of controlling shareholders. Nonetheless, independent directors in China can bring positive effects to society. In addition, regulations on the business role of individuals with government/party or education experience should be carefully reviewed. On the one hand, these regulations can facilitate anti-corruption campaigns that the Chinese government currently pursues. On the other hand, there is no guarantee that alternative groups are more capable, independent, and ethical than the group with government/party or educational experience. [read more...]
 
 
Article | 9 Tsinghua China L. Rev. 151 (2017)
Made in China 2025: Implications of Robotization and Digitalization on MNC Labor Supply Chains and Workers’ Labor Rights in China
By Ronald C. Brown
Multinational companies (“MNC(s)”) operating their labor supply chains in China must determine if their business will benefit from China’s current push to robotize certain manufacturing industries by 2025. This article will examine how digitalization and robotization may affect the configuration and use of labor supply chains and the need for overseas cheap labor. Emphasis will be placed on China and its program of Made in China 2025 as well as its possible effects on foreign MNC labor supply chains and their workers under Chinese labor laws and including the “re-shoring” of MNCs, where they return to their home country using their own “cheap-labor-robots”. [read more...]
 
 
Article | 9 Tsinghua China L. Rev. 186 (2017)
A New Study on the Death Penalty Vote at the International Military Tribunal for the Far East, Tokyo
By CHEN Xinyu
The popular view that the result of the voting for imposing death penalty at the Tokyo Trial was six to five needs to be qualified. First, only ten judges took part in the vote, as the judge of France Henri Bernard abstained. Second, voting results for the seven culprits who were sentenced to death varied, with some six to four and the others seven to three. For example, Hirota Koki should have received a voting result of six to four, while Tojo Hideki was sentenced to death by a vote of seven to three. Although the judges at the International Military Tribunal for the Far East, Tokyo differed in their opinions on certain specific issues, they all adhered to the principle of judicial independence faithfully, which warranted the legitimacy of their judgment on the basis of international rule of law. [read more...]
   
Article | 9 Tsinghua China L. Rev. 211 (2017)
The Founding of Peiyang University Department of Law: Oxford Style Legal Education in China (1895-1899)
By CHEN LI
Peiyang University, established in 1895, was the first institute in China to offer modern legal education. Several students who studied law at the department during its first four years, such as the celebrated Chinese jurist Wang Chung Hui and his peers, would go on to seek the advanced legal education in America with the financial support from Chinese government, and earn the honour of being the first Chinese scholars to receive Master of Laws and Doctor of Civil Law degrees. Despite the historical significance of law program’s early years, they have been neglected in previous research. This paper strives to shed light on the foundation of Chinese first law school, its faculty, curriculum, pedagogical methods and quality of instruction. [read more...]
  
Article | 9 Tsinghua China L. Rev. 227 (2017)
China’s Evolving Case Law System In Practice
By Susan Finder
One of the many judicial reforms designated in the latest round of judicial reforms is developing China’s case law system. The conventional wisdom among both foreigners and some Chinese scholars writing about case law is that with the exception of a small number of guiding cases approved by the SPC, previous cases do not have any precedential value. Those closer to the world of practice in China know that previous cases, or some portion of them, are indirectly shaping the development of Chinese law. The guiding and non-guiding cases constitute what is sometimes described as the case guidance mechanism (案例指导机制). This article will first describe how Chinese legal professionals are using cases, other than those approved as guiding cases, as “soft precedent,” explain why they are doing so, the role of the SPC in this development, and what this portends for the evolution of China’s case law system. [read more...]
 
Opinion | 9 Tsinghua China L. Rev. 245 (2017)


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