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VOLUME 2, NUMBER 1 (Fall 2009)
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Statehood Theory and China’s Taiwan Policy
By LIU Yulin
The Taiwan issue remains the major concern of the Chinese government even though cross-strait tension has been significantly eased. At the heart of China’s concern is Taiwan’s possible secession from China. To prevent such possible secession, in 2005 China enacted the Anti-Secession Law, providing for some circumstances under which non-peaceful means would be employed to prevent Taiwan’s secession. However, what constitutes Taiwan’s secession? By what criteria may China claim that Taiwan has seceded or is likely to secede? Whether Taiwan has already seceded from China depends on whether Taiwan has acquired independent statehood. Under prevailing international law theory of statehood, it seems the assumption underlying the Anti-Secession Law, as well as China’s general policy towards Taiwan is untenable. Therefore, it is extremely important for China to find a legal ground to justify the above-mentioned assumption. This article attempts to take on this challenging job. [read more...] 
Article | 2 Tsinghua China L. Rev. 1 (2009)
Legal Reasoning in Chinese and Swiss Appellate Judgments - Exploring China’s Path Toward Rule of Law
By WU Fan
Amid heated debates over uncurbed corruption in the judiciary, over professionalization or popularization of the people’s judge, lack of transparency in the judgment making process, independence of the judiciary, few in-depth studies have been done however, to reveal the relationship between these controversies and legal reasoning as a basic skill of legal practice and research. This paper compares and analyzes how the allied Swiss and Chinese legal systems facilitate justice through reasoned judgment, and concludes that legal reasoning is a structural weakness in the Chinese judicature, legal education, and legal scholarship, a deficiency which is the root of various problems fueling current debates. The purpose of this paper is to give recommendations to China’s legislature, judiciary, and legal education policy makers for how to strengthen legal reasoning and thereby rule of law within the on-going legal reform. [read more...] 
Article | 2 Tsinghua China L. Rev. 19 (2009)
The Emergence of Social Enterprises in China: The Quest for Space and Legitimacy
By Rebecca Lee
In recent years, the mainland Chinese government has encouraged the development of the nonprofit sector in China. This development has been accompanied by the emergence of the “social enterprise” as a concept in China. Despite its novelty, there has been increasing recognition of the potential for social enterprises to tackle social problems such as unemployment, discrimination and low income. This article reviews the emergence of the social enterprise as a new social entity in China, examines its vaguely defined legal status, and explores deficiencies in the relevant legal frameworks. [read more...] 
Article | 2 Tsinghua China L. Rev. 79 (2009)
Chinese, Japanese, Korean, and Indian Patent Information in Comparison: Asia’s Rising Role in Technology Disclosure Through the Patent System
By Andrea Wechsler
Patent information as a form of technology disclosure serves an important function in business strategy as well as in industrial policy making. This article thus examines both information disclosure as a fundamental principle of patent law and the role of patent information for technology disclosure. This paper then proceeds to show the rising importance of Chinese patents as sources of technological information as compared to Japanese, Korean, and Indian patents. [read more...] 
Article | 2 Tsinghua China L. Rev. 101 (2009)
An Urge to Protect is not Enough: China’s Labor Contract Law
By MIAO Qingqing
On June 29, 2007, the Standing Committee of the National People’s Congress adopted the Labor Contract Law of the People’s Republic of China. This Labor Contract Law is a milestone in China’s path to a comprehensive labor contract system, which began with the adoption of the Labor Law of People’s Republic of China in 1994. The Chinese legislature enacted the new law to rectify perceived inadequacies of Labor Law and to address the increasing demand for workers’ protection. This Comment examines the Labor Contract Law’s historical background, its general structure and the law’s impact on foreign and domestic private businesses. [read more...] 
Note | 2 Tsinghua China L. Rev. 159 (2009)
China Law Update
Laws
  • Food Safety Law of the People’s Republic of China
  • Amendment to the Criminal Law (VII) of the People’s Republic of China
  • Insurance Law of the People’s Republic of China
  • Postal Law of the People’s Republic of China
  • Statistics Law of the People’s Republic of China
  • People’s Armed Police Force Law of the People’s Republic of China
  • Overseas Diplomatic Agents Law of the People’s Republic of China

Administrative Regulations
  • Lottery Regulation
  • Regulation on Environmental Impact Assessment for Layout Plans
  • National Health Regulation
  • Regulation on the Administration of Radioactive Materials Transportation Safety
  • Regulation on the Administration of Security Services
[Download Full China Law Update in PDF] 
China Law Update | 2 Tsinghua China L. Rev. 202 (2009)
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