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By Wang Chen and Hadas Peled
Tsinghua China Law Review Spring 2016 Issue aims to provide our readers with a spectrum view on contemporary developments and enduring questions in the research of Chinese law. [read more...]
Preface | 8 Tsinghua China L. Rev. (2016)
The Making and Structure of the 1982 Constitution of China
By ZHAI Zhiyong
This article aims to historically explore the political and ideological structure of the 1982 Constitution, both of which are multiple and can, therefore, be examined from various angles. This includes, first of all, the historical changes of the United Front and the Political Consultative Conference as well as the political implications and the isolation function of their non-politicization. Second, it includes the distinction between and the unification of the leadership principle and the representation principle. Lastly, it includes the introduction of a new design of constitutionalism with rule of law, private property rights and human rights at the core, which to some extent altered the societal and ideological basis of the original structure. Because of these components, the 1982 Constitution was able to respond to the complex societal changes in the last 30 years, the secret of which lies in the multiple complex structure created by this history. [read more...]
Article | 8 Tsinghua China L. Rev. 141 (2016)
Legal Implications of the Deepened Reform of Chinese State-Owned Enterprises: What Can Be Expected from Recent Reforms?
By CHE Luyao
A new round of State-Owned Enterprise (hereinafter “SOE”) reform contains the clear purpose of integrating SOEs into the market while maintaining their strength in contributing to the economic development of China. This raises the question of how the reform will utilize relevant legal instruments and what changes in legal arrangements can be expected. Regarding the internal market, the reform may deeply incorporate SOEs into the market and devise the ways in which the state manages SOEs to be more market-oriented. As for the global market, the changes in the domestic market can further coordinate China’s state sector with the existing international economic order. [read more...]
Article | 8 Tsinghua China L. Rev. 171 (2016)
The Proposed Amendments to China’s AUCL Commercial Bribery Provisions: Comments and Suggestions
By William Rosoff and JIANG Jingli
Since the enactment of the Anti-Unfair Competition Law in 1993, China’s economy has changed significantly. To better regulate the current market, a draft amendment to the AUCL was published on February 25, 2016. Specifically, Articles 7 and 20, the commercial anti-bribery provisions of the AUCL, reflect substantial changes to the current law. This paper will identify such proposed changes and analyze implications and potential issues of the elements of the commercial anti-bribery provisions, including burden of proof, vicarious liability of employers, bribery involving public service, books and records provision, extraterritorial jurisdiction, and penalties, etc. It will also look to the United States’ domestic commercial anti-bribery laws for comparisons. This paper hopes to shed light on potential improvements the draft amendment should consider to achieve its desired purposes of better curbing commercial bribery and regulating the current market. [read more...]
Article | 8 Tsinghua China L. Rev. 191 (2016)
Practitioners’ Perspective on Advances in China’s Judicial Reform
By Jacob Blacklock et al.
The annual plenary sessions of the National People’s Congress and the National Committee of the Chinese Peole's Political Consultative Conference early March 2016 have reiterated the topic of Judicial Reform in China. Reforms of the Chinese legal system, judicial practices and institution have advanced rapidly in recent years. The ability of legal practitioners to effectively represent clients depends on these reforms. Judicial reforms have impacted all major areas of practice from the filing of claims through the rendering and publication of judgments. Though reforms may sometimes appear piecemeal, practitioners on the ground are able to identify overall trends. Foremost among these is the movement towards increased accountability for individuals and institutions throughout the judicial system. [read more...]
Article | 8 Tsinghua China L. Rev. 213 (2016)
The Owners’ Committee in China: A Non-Owner Owned Puppet?
By QU Difan
The Owners’ Committee in China, ever since its creation in the late 21st century, has been unpopular and unknown to most private property owners in China. Ideally, a well-functioning Owners’ Committee should benefit the property owners and serve to be the entity acting in the best interests of the owners. However due to political, cultural, as well as legal factors, the establishment of Owners’ Committees in China has yet to become a typical practice, and Owners’ Committees have yet to become entities that effectively safeguard property owners’ interest. There is scarce scholarly research in both Chinese and English regarding how the law can facilitate the formation and operation of the Owners’ Committees. This Article utilizes previous research findings on this topic and addresses various problems of the Owners’ Committee, and proposes several solutions on how the reconstruction of the current legal mechanism can facilitate a well-functioning Owner’s Committee in China. [read more...]
Article | 8 Tsinghua China L. Rev. 237 (2016)
Learning Through Teaching: Reflections on the Development of Social Justice in China Through Public Interest Legal Work
By Mark Aronchick
The legal profession, like so many institutions in China, is in a transformational stage. There has been much discussion in China of “the rule of law,” but exactly what that means and how it will operate in China remains to be seen. I have no crystal ball to predict the future, but I have some ideas about how that future might become a Chinese success story. [read more...]
Opinion | 8 Tsinghua China L. Rev. 263 (2016)

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