Anti-monopoly Law

The Ammended Anti-Monopoly Law: Key Changes under the Competition Policy

Cristina ZHANG

China Law Update | 15 Tsinghua China L. Rev. 174 (2022)

This article will firstly identify the background of the AML and the necessity of the amendment in Part II. An overview of the Amended AML and its guiding policy will be depicted in Part III, and Part IV will focus on the revision’s responses to three controversial topics, i.e., regulations over digital economy, the safe harbor rule, and the enhanced legal liability. Finally, Part V will summarize the article by briefly concluding the key changes and expectations for future practice.

Anti-domestic Violence Law

More Accessible Protection for Domestic Violence Victims: New Developments in Personal Safety Protection Order

ZHOU Shizun

China Law Update | 15 Tsinghua China L. Rev. 156 (2022)

To strengthen the protection for domestic violence victims, in 2022, the Supreme People’s Court and other authorities issued two legal instruments on the protection order system in concert with other authorities. These two documents were both drafted based on a petitioner-friendly principle with a focus on the protection of domestic violence victims.

The Early Roots and Development of Chinese Criminal Law The Xia and Shang Dynasties

Li Xiaotong & Andra le Roux-Kemp

Article | 13 Tsinghua China L. Rev. 229 (2021)

Given that penal law (punishment) constituted the essence of early imperial Chinese law, the important legal principles and practices with regard to the criminal and penal laws of that time are identified and explained, and its legal development from approximately 2000 to 1000 B.C. outlined. Particular attention is paid in the analysis and discussion of this article to two early relics from the Chinese legal tradition — the Five Punishment, and respect for filia piety. Despite the fact that so little is known about the early Chinese criminal and penal laws, it is shown in this article that these two relics from the early of Xia and Shang Dynasties have had a lasting influence on the subsequent development of Chinese law, not only in the imperial times, but also tothis day.

Constitutional Law

A New Stage of Legislative Experimentation of China in Hainan

Cao Wenjiao

China Law Update | 13 Tsinghua China L. Rev. 363 (2021)

China enacted the Hainan Free Trade Port Law (the "Hainan FTP Law") in June 2021. It is the first free trade port law in China, as well as the first law for a provincial area passed by National People's Congress and its Standing Committee. This note finds the enactment of the Hainan FTP Law a brand new legislative experimentation regarding the reform and opening-up in China, the experimental characters of which are revealed from the liberalization, devolution, and list approach applied during the lawmaking process of the Hainan FTP Law. This legislative experimentation will be of good value for future legislation accompanying the reform and opening-up.