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VOLUME 6, NUMBER 1 (FAll 2013)
Issue masthead
Constitutional Politics: The Road to Permanent Peace and Stability on How the Communist Party Can Escape from the Historical Cycle
By WANG Zhenmin
Implementing constitutional governance (constitutionalism) results from China’s more than sixty years of hard exploration and bitter lessons. Only through practicing the rule of law and effectively establishing constitutionalism can the Communist Party of China (“CPC”) escape from the historical cycle of sliding into decline after achieving success and fully solve the institutional problems affecting its long-term governance and China’s long-term stability and prosperity. It is extremely erroneous to place implementing constitutionalism in opposition to the leadership of the Party. Failing to govern the country in line with the Constitution will not only undermine the rule of law but violate the Party’s fundamental line and policies. We need to study constitutionalism, and more importantly, develop constitutionalism and build a Chinese-style socialist constitutionalism that is superior to its capitalist counterpart. [read more...] 
Article | 6 Tsinghua China L. Rev. 1 (2013)
The Recognition and Enforcement of Foreign Judgments between the United States and China: A Study of Sanlian v. Robinson
By HE Qisheng
Sanlian v. Robinson is the first Chinese judgment recognized and enforced by U.S. courts. Sanlian is a breakthrough in the recognition and enforcement of judgments between China and the United States. However, there are still many issues that need to be overcome in order to establish a future reciprocity arrangement with regards to recognition and enforcement of judgments between the two countries as a whole, or even just between Chinese and Californian courts. To improve transnational justice, the courts of both countries should adopt a presumed reciprocity approach. In the long run, a bilateral treaty is the ideal solution to improve mutual enforcement of judgments between the United States and China. [read more...] 
Article | 6 Tsinghua China L. Rev. 23 (2013)
The Enforceability of Anti-Dilution Provisions in Private Placement Transactions in China
By LIANG Tao
The execution and enforcement of anti-dilution provisions rely theoretically on a corporate legal regime that is capable of accommodating the issuance of preferred shares. To date, no Chinese legislative document, judicial interpretation or court ruling has provided explicit guidance on how a company could issue multiple classes of shares, including preferred shares, to different groups of shareholders. The concept of anti-dilution provisions, common in the western legal context, thus remains unfamiliar and largely without a secure legal foundation in Chinese law. However, anti-dilution provisions have been negotiated and adopted by founder shareholders and investors in many private placement transactions in China. Yet the lack of a secure legal foundation for these provisions casts considerable doubt on their enforceability. This article examines the most popular anti-dilution provisions used in China and considers several high-profile deals. It also analyzes the validity and enforceability of anti-dilution provisions under PRC law and proposes several courses of action to minimize the uncertainty of enforcing anti-dilution provisions in China. [read more...] 
Article | 6 Tsinghua China L. Rev. 45 (2013)
The Legislation of Collective Contracts in China: Predicaments, Reasons and the Way Out
By SU Huaye
The objective of the collective agreement system is to regulate collective labor relations, which differ from the individual labor relations in adjustment method and intention. In the current Chinese legislation practice, the relevant content of the collective agreement system is improperly incorporated as one part of the “Special Provisions” in the Labor Contract Law promulgated in 2007. With developments in labor law theory and increasingly urgent demand for collective agreements, separate legislation of the collective agreement system should be carried out in China. [read more...] 
Article | 6 Tsinghua China L. Rev. 65 (2013)
Is Zhao’s Tianxia System Misunderstood?
By XU Bijun
Zhao Tingyang’s Tianxia System has become a hot topic of discussion since he first introduced it during the 2005 Culture of Knowledge conference in Gao, India. Some commentators have spoken highly of this system as a worldview that can address problems in global development. Others have lodged criticisms against it. However, many critical commentators have an inaccurate understanding of Zhao’s theories. This paper aims to show the ways in which Zhao’s Tianxia System has been misunderstood and responds to misinterpretations of his theories. The author begins by briefly introducing the Chinese term Tianxia, the core points of Zhao’s Tianxia System, and the current debates surrounding it. The author then responds to the main misunderstandings of Zhao’s System. Finally, the author presents her own thoughts on Zhao’s Tianxia System and its potential impact on international law and relations. [read more...] 
Article | 6 Tsinghua China L. Rev. 95 (2013)
China Law Update
Laws and Regulations
  • The New Tourism Law of the People’s Republic of China
  • Key Amendments to the Consumer Protection Law
  • Amendments to China’s Trademark Law: Protecting De Facto Trademark Holders and Combatting Trademark Squatting

Judicial Interpretations
  • Interpretation of Several Issues Concerning the Application of Law in the Handling of Criminal Cases on the Use of Information Networks to Commit Defamation and Other Similar Cases
  • Blacklisting Dishonest Judgment Debtors

Cases

The Fourth Set of Guiding Cases [Notice of the Supreme People’s Court on Issuing the Fourth Group of Guiding Cases]
  • Wang Zhaocheng et al. Illegal Trading and Storage of Hazardous Substances
  • Robbery Committed by a Certain Dong and a Certain Song
  • Xuzhou Construction Machinery Group Co., Ltd. v. Chengdu Chuanjiao Industry and Trade Co., Ltd., et al.
  • China Shipping Development Co., Ltd. Freighter Company’s Application for the Establishment of a Fund for Limitation of Liability for Maritime Claims
Eight Typical Cases in Intellectual Property Litigation Issued by the Supreme People’s Court:
  • Eli Lilly and Company and Eli Lilly (China) Research and Development Company, Ltd. v. Huang Mengwei
  • Foshan Haitian Flavoring and Food Company Ltd. v. Foshan Gaoming Weiji Flavoring and Food Company Ltd.
  • BMW Co. v. Guangzhou Shiji Baochi Clothing Co., Ltd.
  • Gree Electric Appliances, Inc. of Zhuhai v. Guangdong Midea Refrigeration Equipment Co., Ltd., etc.
  • Beijing Ruibang Yonghe Technology and Trade Co., Ltd. v. Johnson & Johnson Medical (Shanghai) Ltd. and Johnson & Johnson Medical (China) Ltd.
  • People v. Jiangxi Yibo Electronics Technology Co., Ltd., Yu Zhihong, etc.
  • People v. Zong Lianggui, etc.
  • The Case of a Certain Li et al.: Rape or Prostitution?
[Download Full China Law Update in PDF] 
China Law Update | 6 Tsinghua China L. Rev. 112 (2013)

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