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VOLUME 4, NUMBER 2 (Spring 2012)
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State Ideology Transition and Procedure Model Reformation: China’s Criminal Procedure Law and Its Revisions
By YI Yanyou
To understand a legal procedure, scholars should deepen their research into ideological elements of the state and structural elements of the judicial system. This essay tries to understand China’s criminal procedure and its reformation in a broader context, including the ideology of the state and the structure of the judicial officialdom, arguing that the act of revising the Criminal Procedure Law embodies an effort from a policy-implementing procedure under hierarchical officialdom to a conflict-solving procedure under coordinate officialdom; and its further developments await further political system reformation. [read more...] 
Essay | 4 Tsinghua China L. Rev. 155 (2012)
The Law of Macau and its Language: A Glance at the Real "Masters of the Law"
By Salvatore Casabona
This article discusses the biligualistic legal system in Macau. The discussion begins with the outline of the history of the Macanese bilingualism. The author then examines the crucial distinction between the language in the law and the law in the language. By analogy to European Community and other bilingual legal systems, this article identies the characteristic of Macanese mulitlingualism. This article concludes with suggestions about a new approach and the role of universities in resolving the matter. [read more...] 
Article | 4 Tsinghua China L. Rev. 223 (2012)
Chinese Companies Listed Abroad
By Mark Humphery-Jenner
Chinese companies listed in the US have come to the attention of securities regulators and have been subject to a large number of securities class actions in recent years. However, China does have relatively stringent governance requirements and maintains a merits review of applications to list in the US, both of which would suggest that the average cross-listed company should perform adequately. Prior evidence from before 2009 suggests that this is the case. This paper extends such evidence to more recent years. The results suggest that Chinese companies listed in the US perform at least as well as their peers and do not have demonstrably worse corporate governance. The results indicate that mainly high quality companies list in the US, potentially reflecting China’s merit’s review of applications to list overseas. [read more...] 
Article | 4 Tsinghua China L. Rev. 255 (2012)
Case Comment: Yinian (Shanghai) Garments Trading Co., Ltd. v. Zhejiang Taobao Network Co., Ltd. and Du Guofa
By CHEN Jianmin
The E-Land Ltd. has registered the trademarks TEENIE WEENIE garments, which were exclusively licensed to Yinian in China. Du Guofa used the trademark TEENIE WEENIE to sell garments at his online store on Taobao.com. The retailing price for these counterfeit garments is one-fifth or even one-tenth that of the genuine one. In addition, the counterfeit ones were of poor quality, resulting in immeasurable depreciation of the trademark. The case decided the issues of (1) Whether Du Guofa’s act of sale infringed the trademark right of Yinian and (2) Whether Taobao, knowing that Du Guofa was selling counterfeit products, had took reasonable and necessary measures to stop the trademark infringement? If not, whether Taobao constituted a trademark infringement? [read more...] 
Note | 4 Tsinghua China L. Rev. 283 (2012)
China Law Update
By Jiefeng Lu
Laws & Regulations
  • Law on Prevention and Control of Occupational Diseases (2011 Amendment)
  • Amendment to Law on Resident Identity Cards
  • Law on Promotion of Cleaner Production (2012 Amendment)
  • Regulation on the Implementation of the Tendering and Bidding Law
  • Detention House Regulation (promulgated by the State Council, February 23, 2012, effective April 1, 2012)

Judicial Interpretation

The First Set of Four Guiding Cases
  • Shanghai Zhongyuan Property Consultancy Co., Ltd. v. Tao Dehua
  • Wu Mei v. Xicheng Paper Co., Ltd. of Meishan City in Sichuan Province
  • People v. Pan Yumei and Chen Ning
  • People v. Wang Zhicai

  • Apple Inc. and IP Application Development Limited v. Proview Technology (Shenzhen) Co., Ltd. (iPad Trademark Ownership Dispute Case, the Intermediate People’s Court of Shenzhen Municipality, Guangdong Province)

Academic Developments
  • The Seminar on the Improvement of Law Concerning Drunk Driving and Speeding in China held in Beijing, China
  • The Seminar of Social Responsibility of Banking and Central Enterprises was held at Tsinghua University Law School, Beijing, China
[Download Full China Law Update in PDF] 
China Law Update | 4 Tsinghua China L. Rev. 291 (2012)
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