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Home / Issues / Volume 3, Number 2 (Spring 2011)
VOLUME 3, NUMBER 2 (Spring 2011)
Issue masthead
The Legal Philosophy of Zhu Xi (朱熹)(1130-1200) and Neo-Confucianism’s Possible Contributions to Modern Chinese Legal Reform
By Norman P. Ho
A vast literature exists on Zhu Xi’s metaphysical and political philosophy; however, his status and views as a legal thinker have not garnered much scholarly attention. This article argues that Zhu Xi made important contributions to the development of Chinese legal philosophy – by intertwining law closely with both morality and his metaphysical views on li (principle), Zhu Xi further empowered law and elevated its importance in Chinese society. [read more...] 
Article | 3 Tsinghua China L. Rev. 167 (2011)
Reviewing Cross-Border Mergers and Acquisitions for Competition and National Security: A Comparative Look at How the United States, Europe, and China Separate Security Concerns from Competition Concerns in Reviewing Acquisitions by Foreign Entities
By Kevin B. Goldstein
This article takes a comparative look at how governments review cross-border mergers for both competition and national security concerns. In particular, key factors are the institutional mechanisms through which these two reviews are separated or combined and how “national security” is defined in the context of economic activity. The focus is on the three major economic markets: the U.S., the EU (using the example of the UK as a member state), and China, with particular emphasis on China’s rapidly developing system. [read more...] 
Article | 3 Tsinghua China L. Rev. 215 (2011)
Litigations Without a Ruling: The Predicament of Administrative Law in China
By HE Haibo
The Administrative Litigation Law of China 1989 paints a rosy picture in which the individual and the government face each other in court, both submitting to the judgment of the law. However, in reality, many administrative cases do not conclude with judicial rulings but largely with withdrawals by plaintiffs (varying between 30-57%). This paper employs national statistical data, articles and reports written by judges to demonstrate that in most situations, withdrawals in administrative cases have not only denied individual plaintiffs the opportunity to protect their legal rights through litigation, but also rendered illusory any potential contribution that litigations might have towards the rule of law. [read more...] 
Article | 3 Tsinghua China L. Rev. 257 (2011)
Trusts as Institutions in China’s Financial Markets
By Eric Linge
China passed a law of trusts in 2001 intending it to be useful to financial market participants. Drawing heavily from literature on economic institutions and economic development, this article assesses the potential success of the trust’s becoming institutionalized in China. The conclusion is that a legislature’s passing of a trust law does not alone make the trust an institution. A number of provisions in China’s Trust Law are unclear, and this prevents the law from functioning with predictability. Further, there is some question whether conditions in China are hospitable to the institutionalization of the trust, and whether the Trust Law can be a catalyst for the development of financial markets. [read more...] 
Article | 3 Tsinghua China L. Rev. 283 (2011)
Does the Nationality Law, and its Prohibition of Dual Nationality, Need Reform?
By Stephanie Wang
To be, or not to be Chinese, that is the question. This question is facing an increasing number of people as China becomes interconnected with the world. The question arises because China’s Nationality Law prohibits dual nationality. This essay examines the purposes of this prohibition and finds that it was a response to specific historical circumstances, which no longer apply. [read more...] 
Article | 3 Tsinghua China L. Rev. 313 (2011)
Resolving Potential Jurisdiction Conflicts in ACFTA: The Principle of Res Judicata
By YANG Songling
The article discusses potential jurisdiction conflicts of the newly created ACFTA and its possible resolution method, the Res Judicata principle. The article points out that jurisdiction conflicts have the possibility to break out in ACFTA based on theoretical analysis and case study in other similar RTAs (Regional Trade Agreements), such as NAFTA and MERCOSUR. According to the opinion of this article, principles of Forum non Conveniens, Lis Alibi Pendens, Lex Posterier and Lex Specialis, and Comity are not suitable for resolving the problem at the current stage. The article concludes that the Res Judicata doctrine is more suitable to settle potential jurisdiction conflicts in ACFTA. [read more...] 
Article | 3 Tsinghua China L. Rev. 335 (2011)
China Law Update
Laws & Regulations
  • Amendments to the Regulations on the Management of Publications (Passed and effective on March 16, 2011)
  • Law of the People’s Republic of China on Intangible Cultural Heritage (promulgated by the Standing Comm. Nat’l People’s Cong., February 25, 2011, effective June 1, 2011)
  • Law of the People’s Republic of China on Vehicle and Vessel Tax (promulgated on February 25, 2011, effective on January 1, 2012)
  • Amendment to Law of the People’s Republic of China on Road Traffic Safety (Adopted at the 20th Meeting of the Standing Committee of the Eleventh National People’s Congress on April 22,2011)
  • Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Corporation Law of the People’s Republic of China (III) (promulgated by the Sup. People’s Ct., January 27, 2011, effective February 16, 2011)
  • Interpretations on Certain Issues Concerning the Application of the State Compensation Law of the People’s Republic of China (I) (promulgated by the Supreme Court, February 14, 2011, effective May 18, 2011)

Academic Developments
  • Contemporary Criminal Law Ideological Trend Forum

Cases
  • Xu Shilian v. Xu Jiliang (Cohabitation Case about disputes over the partitioning of property and the upbringing of children by the Intermediate People’s Court of ZaoYang Municipality, Shandong Province)
  • Mobile Phone Users v. China Mobile Commc’n Corp., People’s Ct. of Chaoyang Dist., Beijing, China (Complicity Illegal Business Operations on Individual Date)
  • Zhang Xian Fa (张先法 ) v. Beijing Century Construction Company and Jiangsu First Construction Installation Company, Beijing Second Intermediate People’s Court (Labor Dispute)
  • Wang v. Zhang Lost-and-Found Object Dispute Case, Beijing Second Intermediate People’s Court (Civil Law Case)
  • Xiamen Jinma skates limited company v. Beijing Jinmatianlai skates commerce and trade limited company, Beijing First Intermediate People’s Court (Trademark Infringement)
  • Cai Jianying v. Beijing Feigediya clothes limited company, Beijing First Intermediate People’s Court (Commercial franchise)
  • Li Hua v. China Petroleum and Chemical Corporation Beijing Research Institute of the Chemical Industry, Beijing Second Intermediate People’s Court (Civil Law case)
  • Xia Yonglong v. Chongqing Yongfu Corporation, Chongqing Yongchuan District Basic People’s Court (Corporation Law Case)

Chinese Legal History
  • Pandect of the Fa in Chinese Traditional Culture
[Download Full China Law Update in PDF] 
China Law Update | 3 Tsinghua China L. Rev. 373 (2011)
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