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VOLUME 9, NUMBER 1
Preface
By Weiran YANG and Lu MENG | Preface | 9 Tsinghua China L. Rev. (2016) | Download Full Article PDF
Tsinghua China Law Review Fall 2016 Issue elaborately selects articles on current research of Chinese laws, ranging from traditional Chinese legal thoughts to new development in Chinese legal practices. The authors contributing to this issue represent diverse academic and professional backgrounds. Their insights into the development of Chinese legal system would help our readers gain a better understanding of Chinese laws and stay on the forefront of Chinese legal development.

In A Confucian Theory of Property, Professor Norman P. Ho, an esteemed scholar from Peking University School of Transnational Law, explicates certain Confucian teachings and values, and summarizes three theoretical strands. His paper presents a Confucian justificatory theory of private property and offers an ingenious perspective to consider the Confucian tradition as a worthy resource of a "truly pluralist theory".

In Casual Uncertainty in Chinese Medical Malpractice Law – When Theories Meet Facts, YU Xiaowei, a promising researcher from Faculty of Law, Maastricht University, examines the Chinese way of solving casual uncertainty in medical malpractice cases. Contrary to European Center of Tort and Insurance Law (ECTIL), Chinese courts are more flexible when governing “hard cases” where there is no clear rule could be referred to. YU justifies Chinese courts' commonly adopted pattern - proportional liability, from both the legal and the concise law and economics analysis.

In Towards Constitutional Re-Enlightenment: Teaching American Constitutional Law in China, Professor LIU Han, an acclaimed comparative constitutional voice from School of Law, Tsinghua University, has graciously acceded to TCLR’s request to share his distinctive experience in teaching American constitutional law at Tsinghua. Professor LIU pictures his comprehensive interactions with Chinese undergraduate students, and shows how students gradually gain in-depth understandings of constitutional law.

In Transparency versus Stability: The New Role of Chinese Courts in Upholding Freedom of Information, CHEN Yongxi, a postdoctoral researcher of the University of Hong Kong, studies the exemption clause of the Regulation on Open Government Information. He comprehensively explores the important role of Chinese courts in balancing the goals of promoting government information transparency and maintaining social stability.

Finally, in Implication of the Asian Infrastructure Investment Bank for Global Financial Governance: Accommodation or Confrontation? , LI Tao, a Ph.D. candidate from Shandong University and Professor JIANG Zuoli, a scholar specialized in international economic law from Shandong University, addresses a convincing response to the debate of the function of Asian Infrastructure Investment Bank (AIIB) through discussing the establishment of, AIIB and its relationship with global financial governance system.

We are thankful to our all fellow editors, who have devoted tremendous efforts to the successful publication of this issue. Also, we express our sincere thankfulness to the help from the former chief editors, CHEN Wang and Hadas Peled.

We are especially grateful to the support and guidance of our supervisor, Professor GAO Simin, who always provides us with her wisdom and experience.

Further, we are thankful to our faculty leader, Dean SHEN Weixing. Professor SHEN always supports this publication and encourages us to achieve more.

In addition, Tsinghua China Law Review thanks the Chow Tai Fook Charity Foundation [清华大学郑裕彤法学发展基金] for its financial support of this issue.

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