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By Weiran YANG and Lu MENG
Tsinghua China Law Review Fall 2016 Issue elaborately selects articles on current research of Chinese laws, ranging from traditional Chinese legal thoughts to new developments in Chinese legal practices. [read more...]
Preface | 9 Tsinghua China L. Rev. (2016)
A Confucian Theory of Property
By Norman P. Ho
Based on an analysis of the teachings of Confucius and Mencius, this Article sets forth a Confucian justificatory theory of private property. This Article is important for two major reasons: first, it serves as a corrective to the often heard stereotype that Confucianism is not supportive of property rights; and second, it can contribute to the field of property theory as a whole by offering a coherent and integrated theory which weaves different justificatory property theories together. [read more...]
Article | 9 Tsinghua China L. Rev. 1 (2016)
Causal Uncertainty in Chinese Medical Malpractice Law – When Theories Meet Facts?
By YU Xiaowei
Causal uncertainty is frequently encountered in medical malpractice cases, both in China and in other legal systems. Under the traditional “all-or-nothing” approach of proof rules, the prevalence of causal uncertainty makes proof of causation highly problematic in medical malpractice lawsuits. The cutting-edge development at the national level is to apply proportional liability in response to evidentiary uncertainty over causation. After examining both “law on the books” and “law in action” pertaining to medical malpractice, it is found that although the new Chinese Tort Liability Law lacks evident rules that handle the problem of causal uncertainty, Chinese courts are so active and flexible that they systematically employ proportional liability to the trial of medical malpractice cases. The proportional liability approach can be justified from both legal and law and economics perspectives. [read more...]
Article | 9 Tsinghua China L. Rev. 23 (2016)
Towards Constitutional Re-Enlightenment: Teaching American Constitutional Law in China
By LIU Han
Contemporary students of constitutional law basically know two things. First, China’s Constitution is inactive and (or because) China has no judicial review. Second, the U.S. Constitution is active and (or because) judicial review operates robustly in America. Then what is the point of teaching American constitutional law in China? This essay will try to answer the question by sharing experience of teaching American constitutional law at Tsinghua Law School during the past few years. [read more...]
Essay | 9 Tsinghua China L. Rev. 63 (2016)
Transparency versus Stability: The New Role of Chinese Courts in Upholding Freedom of Information
By CHEN Yongxi
This paper explores the inconspicuous but increasingly important role of Chinese courts in handling the often conflicting goals of promoting government transparency and maintaining social stability within the Party-state context. The Regulation on Open Government Information created an unprecedented right of access to information with the potential for improving administrative accountability, but established a peculiar exemption of social stability. “Stability maintenance” has long been an overwhelming political task for Chinese state organs, and has profoundly affected legal practices, posing a challenge to judicial control of abuse of the aforementioned discretionary exemption. Added to the challenge is the obscurity in the standards for judicial review of discretion. The paper reviews how the courts respond to this challenge by focusing on representative cases concerning government claims that disclosure would endanger social stability. [read more...]
Article | 9 Tsinghua China L. Rev. 79 (2016)
Implication of the Asian Infrastructure Investment Bank for Global Financial Governance: Accommodation or Confrontation?
By LI Tao and JIANG Zuoli
The creation of the China-led Asian Infrastructure Investment Bank (AIIB) has been the most important event in the international financial sphere in recent years, but the comments about it have often been made from a multitude of lenses, thus complicating the recognition of its real implication. By clarifying the inclinations reflected in the AIIB issue and reviewing the problems with the global financial governance system, this article argues that the AIIB is not so much an extension of Chinese influence as a reaction to the demand of transforming this system. This article concludes that the AIIB is an accommodation, rather than confrontation, to the global financial governance system. [read more...]
Article | 9 Tsinghua China L. Rev. 139 (2016)

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