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VOLUME 3, NUMBER 1 (Fall 2010)
Issue masthead
In Memoriam: Betty May Foon Ho
By William P. Alford, Johannes MM Chan, Mayo Moran, Mariana Mota Prado, Anthony Sebok, and Zhenmin Wang
The editors of the Tsinghua China Law Review would like to respectfully dedicate this issue to Professor Betty Ho, who joined Tsinghua Law School in the Fall of 2002. She was a distinguished lawyer, an outstanding educator, a model professor, an excellent colleague and a great person. [read more...] 
In Memoriam | 3 Tsinghua China L. Rev. 2 (2010)
Anti-Monopoly Law and Mergers in China: An Early Report Card on Procedural and Substantive Issues
By Deborah Healey
The Anti-Monopoly Law of the People’s Republic of China (“AML”) prohibits mergers and acquisitions (“concentrations”) which lessen competition. This article examines the relationshipbetween the AML merger provisions and China’s industrial policy. It also examines MOFCOM (Ministry of Commerce) merger determinations to date in relation to market definition and assessment of competitive impact. The article concludes that the interpretation of the AML and the intentions of the regulator remain unclear in a number of respects.   [read more...] 
Article | 3 Tsinghua China L. Rev. 17 (2010)
China as a Suitable Alternative Forum in a Forum Non Conveniens Motion
By Courtney L. Gould
This article discusses the U.S. Federal standard regarding amotion to dismiss for forum non conveniens as it is applied to the alternative fora of the People’s Republic of China. The discussion focuses on how a specific forum within the PRC should be analyzed for suitability under this U.S. standard due to the somewhat unique aspects of the PRC legal system. By analogy to Federal forum non conveniens case law, this article provides suggestions for courts and practitioners to apply the standard to the PRC judiciary. In doing so however, the article intends to identify and distinguish which aspects of the current U.S. conception of the PRC system are based in reality, and which are based in rumor or stereotype. [read more...] 
Article | 3 Tsinghua China L. Rev. 59 (2010)
Shareholder Proposal Right in Public Corporations in China’s Transitional Economy: From the Perspective of Shareholder Activism
By Qing Cao
This paper is dedicated to find the appropriate approach to adopta new “shareholder proposal rule” for the improvement of thecorporate governance of Chinese public companies. This paper argues that the current Chinese shareholder proposal rule isprimitive and not practical and it does not provide a mechanism for the shareholders to seek remedies after their proposals are illegally excluded by the board of directors. [read more...] 
Article | 3 Tsinghua China L. Rev. 69 (2010)
The Straight Bill of Landing: Development of Presentation Rule in Mainland China and Hong Kong
By Liang Zhao
The presentation rule of the straight bill of lading developed indifferent approaches in the jurisdictions of Mainland China and Hong Kong. These developments indicate the disharmony of the presentation rule of the straight bill of lading. The recently adopted Rotterdam Rules may play an important role for the unification of the presentation rule. [read more...] 
Article | 3 Tsinghua China L. Rev. 131 (2010)
Erratum
By CHANG Wejen
The Tsinghua China Law Review offers the following explanation written by Professor CHANG Wejen, for his own piece, Classical Chinese Jurisprudence and the Development of the Chinese Legal System (of our Spring 2010 issue). [read more...] 
Erratum | 3 Tsinghua China L. Rev. 148 (2010)
China Law Update
Laws
  • Social Insurance Law of the People’s Republic of China
  • Amendment to the State Compensation Law of the People’s Republic of China
  • Law of the Application of Law for Foreign-Related Civil Relations of the People’s Republic of China
  • People’s Mediation Law of the People’s Republic of China

Academic Developments
  • Council for the draft of Amendment to the Criminal Law of the People’s Republic of China (VIII) to Criminal Law of the People’s Republic of China
  • Interpretation of the Supreme People’s Court about Several Problems Concerning the Application of the Marriage Law of the People’s Republic of China (III)

Cases
  • COFCO Wines & Spirits Co. Ltd v. the Trademark Appeal Board of State Administration for Industry and Commerce of the People’s Republic of China (invalid trademark registration case)
  • The People’s Procuratorate of Langfang, Hebei Province v. Huang Songyou
[Download Full China Law Update in PDF] 
China Law Update | 3 Tsinghua China L. Rev. 150 (2010)
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