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VOLUME 2, NUMBER 2 (Spring 2010)
Issue masthead
Classical Chinese Jurisprudence and the Development of the Chinese Legal System
By CHANG Wejen
The development of the traditional Chinese legal system began over two thousand years ago, it continued through the millennia even during periods of domestic unrests and the conquest dynasties (e.g., the Yuan [1206-1367] and the Qing [1644-1911]), its pace varied but it was never seriously disrupted or stopped. Although not always for the better, the system was made more sophisticated, and thus marking it as a rare, exceptional phenomenon in human history. [read more...] 
Essay | 2 Tsinghua China L. Rev. 207 (2010)
China’s Marbury: Qi Yuling v. Chen Xiaoqi – The Once and Future Trial of Both Education & Constitutionalization
By Robert J. Morris
In a summary announcement in December 2008, the Supreme People’s Court (SPC) abolished the case Qi Yuling v. Chen et al., the 2001 SPC ruling that recognized the constitutional right of a PRC citizen to education, name, identity, and reputation. Yet interest in the saga of the case persists. Qi utilized the 1982 PRC Constitution as a source of law but not as a tool of invalidation of another law or action of the government. Although the SPC itself did not refer to the 1803 US Supreme Court case of Marbury v. Madison, PRC and other legal literature has frequently, sometimes uncritically, touted the Qi case as “China’s Marbury.” [read more...] 
Article | 2 Tsinghua China L. Rev. 273 (2010)
The Implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) in China
By Paolo Davide Farah and Elena Cima
During the negotiations and after the accession China has started a massive process of amendment of its domestic laws and regulations regarding all the sectors covered by WTO rules. As any new member of the WTO, China needs to reform the main sectors of its legislation. In this article the analysis will focus on the trade-related intellectual property rights and the more general WTO transparency principle. [read more...] 
Article | 2 Tsinghua China L. Rev. 317 (2010)
Demystifying the Chinese Sovereign Wealth Fund Amidst U.S. Financial Regulation
By GUO Li
The United States (U.S.) Federal Reserve (Fed) categorized the China Investment Corporation (CIC) and Central Huijin Investment Limited (Huijin) as Bank Holding Companies under U.S. financial law, and granted CIC and Huijin some important conditional exemptions. In order to ease the widespread misgivings that the international community harbors against the CIC, China should enhance transparency, and join the global effort to govern and streamline the Sovereign Wealth Fund (SWF) in seeking mutual trust and cooperation. [read more...] 
Article | 2 Tsinghua China L. Rev. 353 (2010)
Can A Government Compulsorily Make Her Citizens More Free? – Revisiting Non-Judicial Detentions Under the People’s Republic’s Administrative Regulations and Their Justifications
By YI Yanyou
Under the Constitution and Criminal Procedure Law of the People’s Republic of China, the governmental organizations which have the power of approving an “arrest” are the People’s Procuratorate and the People’s Courts, and only the People’s Courts have the power to convict a citizen of a criminal charge. This essay explores the way non-judicial detentions attain legitimacy, revealing the reasons that justify non-judicial detentions, and discussing desirable reforms for these detentions. [read more...] 
Article | 2 Tsinghua China L. Rev. 381 (2010)
Class Action with Chinese Characteristics: The Role of Procedural Due Process in the Sanlu Milk Scandal
By Lauren M. Katz
The Chinese Civil Procedure Law (CPL) provides for “joint litigation” rather than “class action.” While some scholars believe that the two terms are interchangeable, other Chinese scholars believe that China’s representative joint litigation system is distinct from American class action suits. Since class action litigation is not widely used in China, few scholars have discussed formal and practical barriers to safeguarding procedural due process in consumer class actions. Little scholarship has been granted to exploring the interrelationship between procedural due process, substantive laws and political interests in the context of consumer class actions. This paper attempts to fill that void. [read more...] 
Note | 2 Tsinghua China L. Rev. 419 (2010)
China Law Update
Laws
  • Tort Law of the People’s Republic of China
  • Amendment to the Law on Renewable Energies of the People’s Republic of China
  • Amendment to the Copyright Law of the People’s Republic of China
  • Amendment to the Electoral Law on the National People’s Congress and Local People’s Congress

Administrative Regulations
  • Amendment to the Implementation Rules of the Patent Law
  • Amendment to the Regulations for the Implementation of the Audit Law
  • Amendment to the Regulation on Customs Protection of Intellectual Property Rights
  • Notice of the State Council on Controlling the Rapid Rise of Home Prices in Some Cities

Academic Developments
  • Five scholars from Peking University petitioned the Standing Committee of the National People’s Congress to review the Regulations on the Administration of the Demolition and Removal of Urban Houses.
  • Seminar on Theory and Practice of Patent Infringement Defense

Cases
  • BMW v. Shi Ji Bao Ma Reputed Trademark Case, High Court of Hunan Province
  • Tangshan City Renren Information Service Co., Ltd. (Renren) v. Beijing Baidu Network Information Technology Co. Ltd (Baidu) Monopoly Dispute Case, Beijing First Intermediate People’s Court
  • Wang Fei v. Zhang Leyi Right Reputation Infringement Case, Beijing Chaoyang District People’s Court
  • Zhu Deyong v. Shanghai Weizong Media Co., Ltd., Shanghai First Finance &Economics Media Co., Ltd. and China Beijing Television Station, Beijing Haidian District People’s Court
[Download Full China Law Update in PDF] 
China Law Update | 2 Tsinghua China L. Rev. 202 (2009)
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