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VOLUME 5, NUMBER 1 (FAll 2012)
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On the Composition of the Deputies in the National People's Congress of China
By ZHAO Xiaoli
The composition of the deputies in the National People’s Congress of China shows reliance on the principle of formal proportionality based on the national census and substantial representation based on the inclusion of rural areas, minorities and other groups which are a statistically smaller portion of the population. However the quota system based on these principles of representation cannot mitigate against the overrepresentation of government officials and the increasing elitism of the deputies. Yet these issues are nominal compared to the forging of closer political bonds between the representatives and the represented. The author believes that the correlation between the representatives and the represented may be strengthened by moving towards the direct election of the deputies of the National People’s Congress, thereby placing the constitutionality of the National People’s Congress as the highest organ of state sovereignty on a firmer foundation. [read more...] 
Article | 5 Tsinghua China L. Rev. 1 (2012)
The Legal Service Market in China: Implementation of China's GATS Commitments and Foreign Legal Services in China
By HUANG Liyue
China agreed to open its service market, gradually and conditionally, to its fellow WTO members under the General Agreement on Trade in Services (GATS) as part of accession commitments. Legal services are the very first ones to appear in China’s schedule of commitments. Foreign legal services are a necessary supplement to the legal services provided by Chinese legal professionals. However, they threaten to derail or at least forestall the development of the infantile Chinese legal industry with their overwhelming financial and organizational strength. A struggle between Chinese legal profession and its foreign counterparts is bound to ensue. State intervention will be vital for the survival of the Chinese legal profession. But how will the Chinese authority balance this interest with its obligations as a member of the WTO? Four modes of supply – through which cross-border delivery of services are realized – were incorporated into GATS. Three of the four – Cross-border Supply, Commercial Presence, and Temporary Movement of Natural Persons – are relevant to this topic. The discussion will focus on Commercial Presence, which is the delivery of legal services through direct foreign investment. We will take a close look at the effect of the presence of FLSP on the Chinese legal service market, and the discrepancies between China’s WTO commitments and their implementations in reality. [read more...] 
Article | 5 Tsinghua China L. Rev. 29 (2012)
Regulatory Regimes for Lawyers Ethics in Japan and China: A Comparative Study
By Richard WU and Kay Wah CHAN
China and Japan are the two largest economies in Asia, and both countries are similar in their adoption of a civil law system. This article undertakes a comparative study of the regulatory frameworks for lawyers’ ethics in the two countries. This article first considers the development of legal profession, particularly their rapid growth in the past decade. It then analyses and compares the regulatory regimes on lawyers’ ethics in both countries, with reference to six ‘professional virtues’ of competence, independence, loyalty, confidentiality, responsibility and honourable conduct. It reveals that Japan adopts a model of self-regulation, while China implements a ‘hybrid’ mode, namely, both state and self-regulation. It also argues that China is improving in its growing recognition of such virtues as ‘competence’, and that it has room for improvement in such virtues as ‘independence’, ‘confidentiality’ and ‘honourable conduct.’ [read more...] 
Article | 5 Tsinghua China L. Rev. 49 (2012)
China Law Update
By JIANGZHOU Lan, SUN Yuxuan, and PENG Yali
Laws and Regulations
  • Civil Procedure Law of the People’s Republic of China (2012 Amendment)
  • The Prison Law of the People’s Republic of China (2012 Amendment)
  • Lawyers Law of the People’s Republic of China (2012 Amendment)
  • Provisions on the Issues concerning the Implementation of the Administrative Measures for Securities Investment Made in China by Qualified Foreign Institutional Investors

Cases

The Second Set of Guiding Cases
  • Suzhou Branch of Luwei Salt Import and Export Co., Ltd. v. Salt Administrationof Suzhou City in Jiangsu Province
  • Huang Zefu, He Boqiong, and He Yi v. Jintang County Administration for Industry and Commerce of Chengdu City in Sichuan Province
  • Hongge Construction and Installation Co., Ltd. of Mudanjiang City v. Hualong Real Estate Development Co., Ltd. of Mudanjiang City and Zhang Jizeng
  • Lin Fangqing v. Kailai Industrial Co., Ltd. of Changshu City and Dai Xiaoming

Academic Developments
  • The Forum on China Law Innovation was held at Tsinghua University Law School, Beijing, China
[Download Full China Law Update in PDF] 
China Law Update | 5 Tsinghua China L. Rev. 71 (2012)

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