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VOLUME 8, NUMBER 1
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Preface
By Wang Chen and Hadas Peled
This year marks the 20th anniversary of the re-establishment of the Tsinghua University School of Law. This issue reflects both the dynamism and the development of the Chinese legal system and our School of Law. [read more...]   
Preface | 8 Tsinghua China L. Rev. (2015)
Towards a Unified Court System: A Comparison Between New York State Courts and Chinese Courts
By Jonathan Lippman
In recent times, China’s leadership announced a series of legal reforms to modernize the judicial system and to increase public confidence in the rule of law. The action occurred in response to increasing frustration over the lack of judicial independence, the lack of confidence in judicial leadership, and the unsystematic organization of the courts. In looking back on New York’s history of court reform and my own experience as a court administrator for many decades, I argue that New York’s experience with reorganizing and strengthening the judiciary and the justice system can provide some illumination and lessons learned to Chinese court reformers. In embracing a unified court system separate from local governmental and outside influences and strengthening and supporting the judiciary, New York entered the modern era, and the New York experience can impart some useful instruction to China as it undergoes a similar transformation. [read more...]   
Article | 8 Tsinghua China L. Rev. 1 (2015)
Regulation of Digital Financial Services in China: Last Mover Advantage?
By ZHOU Weihuan, Douglas W. Arner, and Ross P. Buckley
Since 1979, China has made tremendous progress in its transformation to a socialist market economy. As part of this process, China’s financial system has evolved to one characterised by a high degree of marketization. At the same time, China today faces new challenges to growth and development, particularly from the necessity of restructuring its economy to focus increasingly on innovation and away from government led investment and low-wage labour. In the context of digital financial services, China has been a late mover but this has changed dramatically in the past five years, to the point today where China is one of the major centres for digital financial services and financial technology (“Fintech”). Looking forward, China needs to provide an appropriate regulatory basis for the future development of digital financial services and Fintech, balancing growth and innovation with financial stability. China today is exhibiting signs of a last mover advantage in this respect that may see it leaping regulatory developments elsewhere. [read more...]   
Article | 8 Tsinghua China L. Rev. 25 (2015)
Five Lectures on the Common Law with Comparative Reference to the Law in China
By Andrew Godwin, Tan Cheng-Han, Paul S. Davies, Jeremy Gans, and Edwin Simpson
In April 2014, leading scholars came to China to deliver lectures addressing fundamental areas of the common law, including property law, agency law, equity, criminal law, and tax law. These lectures explore the development, features, and application of their respective areas of the common law. In addition, the lectures compare aspects of the common law with the approach in civil law jurisdictions and, in particular, in China. By examining the development of the common law and stare decisis, one may gain insights into common law concepts, many of which are similar to those in the Chinese legal system. [read more...]   
Essay | 8 Tsinghua China L. Rev. 63 (2015)
American Legal Education, Skills Training, and Transnational Legal Practice: Combining Dao and Shu for the Global Practitioner
By Michael A. Simons and Margaret E. McGuinness
Transnational law subjects have become an integral part of U.S. law school curricula, and international students are vital members of our law school communities. However, to adequately prepare lawyers more effectively for global legal practice, law schools must integrate skills training into the teaching of transnational law. This essay discussing one comparative approach follows a recent symposia addressing current issues facing global legal education, and China’s reform programs for legal education. [read more...]   
Essay | 8 Tsinghua China L. Rev. 125 (2015)
Book Review: Foreign Investment Law in China: Regulation, Practice and Context by Tarrant Mahony
By Lucille A. Barale
This book review analyzes Professor Tarrant Mahony's new textbook, Foreign Investment Law in China: Regulation, Practice and Context [Beijing: Tsinghua University Press 2015, 504 pp, ISBN 978-7-302-39589-8]. The fundamental changes to the foreign investment approval process in 2015 pose challenges for educators and students working in this time of transition-- students must study the old laws and procedures even while new rules are proposed an put into practice. Professor Mahony tackles these challenges head on with an up-to-date text for the study of China’s legal framework for foreign investment, presenting the materials in practical contexts. Professor Mahony’s own experience practicing with major law firms in China provides background for this survey of the major laws and regulations governing the establishment, financing and operation of foreign investment enterprises in China. [read more...]   
Book Review | 8 Tsinghua China L. Rev. 135 (2015)


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