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VOLUME 5, NUMBER 2 (Spring 2013)
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Reconciling WTO General Exceptions with China’s Accession Protocol
By Thomas H. Au
Every WTO accession protocol states that it “shall be an integral part of the WTO Agreement.” But what legal effect does this clause really have? Specifically, does it allow application of the general exceptions found in GATT Art. XX and GATS Art. XIV to accession protocol commitments? Understanding this relationship between the Multilateral Trade Agreements and accession protocols is a critical next step as Members seek to enforce these obligations in Dispute Settlement Body (“DSB”) proceedings. China’s Accession Protocol provides valuable insight into the emerging legal relationship between accession protocols and the Multilateral Trade Agreements, as it is the first non-standard, and most disputed, accession protocol. This Note concludes that permitting application of GATT Art. XX and GATS Art. XIV, simplifies legal issues underlying WTO disputes, comports with interpretation under the Vienna Convention on the Law of Treaties (“VCLT”), and balances the obligations of existing WTO members with the expectations of entering members. [read more...] 
Article | 5 Tsinghua China L. Rev. 95 (2013)
Death Penalty Reforms in China: Lessons from Wrongful Convictions?
By JIANG Na
This paper examines the package of legislative and judicial reforms in China that followed the discovery of several high-profile wrongful convictions in death penalty cases since 2005. The goal of such death penalty reforms was to protect human rights of the accused and prevent future wrongful convictions more generally. Since 2005, there have been two waves of such reforms. In order to understand the full effects of these two waves of reform, it is necessary to consider their effect on the entire human rights process. This paper will show that, if the reforms are considered in this light, it is clear that their intent has been frustrated by legal loopholes in the death penalty system and that the root causes of wrongful convictions involving capital cases have not yet been overcome in China. Although the 2011 Amendment to Criminal Law of the PRC (Amendment VIII) greatly reduces the number of crimes publishable by death in law and the 2012 Criminal Procedure Law of the PRC (CPL) brings more transparency and accountability to criminal justice institutions, further reforms will be suggested. [read more...] 
Article | 5 Tsinghua China L. Rev. 126 (2013)
China’s Market Economy Status under WTO Antidumping Law after 2016
By RAO Weijia
Paragraph 15(d) of China’s Accession Protocol provides that the provisions of subparagraph 15(a)(ii) shall expire in 2016. Subparagraph 15(a)(ii) permits the importing Member to derogate from a strict comparison with Chinese prices or costs when determining the normal value of the products if the producers under investigation cannot clearly show that Market Economy conditions prevail in the industry in question. While a respected commentator argues that, despite the stipulated expiration, the importing Member can still treat China as a Non-Market Economy and use alternative methodologies based on the remaining provisions in the chapeau, this paper takes a different view by analyzing the role and textual structure of paragraph 15(a) in light of the negotiation documents and relevant rulings of the Appellate Body in EC-Fasteners. [read more...] 
Article | 5 Tsinghua China L. Rev. 151 (2013)
Marching Towards Rule of Law: An Analysis of the Content on Legal and Judicial Construction in CCP National Congress Reports from 1982 to 2012
By ZHAO Can
Enormous amounts of literature have focused on the socioeconomic developments of China since the Third Plenary Session of the Seventh Congress of the Central Committee of the CCP in 1978, when China adopted the “Opening-up and Reform policy". This paper attempts to approach the legal/judicial construction agenda of the past seven CCPNCs from a more specific perspective. First, we will start with a chronologic analysis to look into the differences and particularities of each CCPNC Report since 1982. Then, a frequency analysis on key-words in the whole text of the CCPNC Report will be conducted which includes an artificial selection of notional ones. Continuing from this, results with opposite meanings were also eliminated. Based on the results obtained from both qualitative and quantitative studies, the legal/judicial construction process is divided into three different periods with each period having specific priorities. [read more...] 
Article | 5 Tsinghua China L. Rev. 169 (2013)
Mining Right Conflicts and the Future Measures of the Mineral Resources Law
By LI Haoran
The Mineral Resources Law under revision should be reformed to rebuild the legal order of mining rights in accordance with the Property Law. The revised Mineral Resources Law shall create a harmonious relation between the state ownership of natural resources and mining rights. Legislators should adopt the system of fee-based use and the "purchase for once paid in installments" mode, so that the creation of mining rights will conform to state expectations and realize the rights and interests of the state. At the same time, it is beneficial to resolve the mining right conflicts after "the priority over sapping galleries" and "the single mining rights system" are introduced. Moreover, basic farmland protection and urban and rural planning for construction should become factors in determing whether to prioritize mining rights when coordinating mining rights and land rights. [read more...] 
Note | 5 Tsinghua China L. Rev. 186 (2013)
China's Patent Infringement Remedies
By ZHAO Meisheng
The remedies against patent infringement are directly related to the efficiency of patent systems. Fair and sufficient remedies are among the key elements which help establish a successful patent system. The provisions regulating patent laws form the legal basis for arriving at the remedies. Therefore, the analysis in this article is based on relevant substantive provisions in Chinese patent law, supplemented by practical observations when necessary. In this article, the remedies analyzed are damages, injunctions, criminal punishments and costs. Generally speaking, these remedies are obtainable through litigation. However, ADR (Alternative Dispute Resolution) and administrative bodies may also be involved in the process for obtaining these remedies. [read more...] 
Opinion | 5 Tsinghua China L. Rev. 220 (2013)
China Law Update
Laws and Regulations
  • Securities Investment Funds Law of the People’s Republic of China (2012 Amendment)

Judicial Cases and Replies

The Third Group of Four Guiding Cases (Notice of the Supreme People’s Court on Issuing the Third Group of Guiding Cases)
  • Shanghai Cunliang Trading Company v. Jiang Zhidong and Wang Weiming, et al. (a sale and purchase contract dispute)
  • Li Jianjun v. Shanghai Jiadongli Environmental Protection Technology Co., Ltd. (a dispute over the revocation of a company resolution)
  • People v. Yang Yanhu, et al. (a corruption case)
  • People v. Li Fei (a murder case)
Notice of the Supreme People’s Court on Issuing 10 Innovative Intellectual Property Cases of 2012
  • Bai Wanqing v. Chengdu Hard-to-Find Goods Marketing & Service Center and Shanghai Tianxiang Industrial Co., Ltd.
  • Wuxi Longsheng Cable Materials Plant & Shanghai Xisheng Cable Materials Co., Ltd. v. Xi’an Qinbang Telecom Materials Co., Ltd. & Xi’an Guhe Fiber Optic Co., Ltd.
  • Shenzhen Tencent, Inc. v. Shanghai Honglian Network Technology Co., Ltd & Shanghai Woyao Network Development Co., Ltd.
  • Chinese sports newspaper agency v. Beijing Book Building Co., Ltd. & Guangdong Audiovisual Press Co., Ltd. & Guangdong Haosheng Culture Communication Co., Ltd.
  • Institute of Oceanology of the Chinese Academy of Sciences and Zheng Shouyi v. Liu Junqian, Laizhou City Wanlida Stone Industry Co., Ltd. and Yantai Environmental Art Administration Office
  • Xu Bin v. Nanjing Industrial Co., Ltd. & Nanjing Automobile Group Co., Ltd. & Beijing Haiyijie Public Transport Automobile Co., Ltd.
  • Lenovo (Beijing) Co., Ltd. v. Trademark Appeal Board & Tingzhou Brewery
  • Leroy-Somer Co. and Leroy-Somer Electro-Technique (Fuzhou) Co., Ltd. v. Leroy-Somer Motor (Fujian) Co., Ltd.
  • Quzhou Wanlian Network Technology Co., Ltd. v. Zhou Huimin, etc.
  • Liu Dahua v. Hunan Huayuan Industrial Co., Ltd. & Dongfeng Motor Company Co., Ltd.
Reply of the Supreme People’s Court on Issues concerning the Forcible Dismantlement of Illegal Buildings, Structures, and Facilities


Legal News
  • Xi Jinping: Speech on the 30th Anniversary of the Promulgation of the 1982 Constitution
[Download Full China Law Update in PDF] 
China Law Update | 5 Tsinghua China L. Rev. 197 (2013)

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