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VOLUME 12, NUMBER 2
Issue masthead
Preface
By LIN Ziyu
The Spring 2020 Issue of Tsinghua China Law Review dedicates to introducing cutting-edge discussions of Chinese law in a time of drastic changes. The world encountered the outbreak of COVID-19 and its unprecedented size and speed have brought to international society chaos and disorder. In the Spring Issue, we published up-to-date analyses of laws and policies promulgated amid the spread of the virus. The authors reflect on the legitimacy of such practices and examine how international law and criminal law responds to the fast-evolving issue of disease control. [read more...]
 
 
Preface | 12 Tsinghua China L. Rev. (2020)
Sowing the Seeds of Chinese Exclusion as the Reconstruction Congress Debates Civil Rights Inclusion
By Lea VanderVelde and Gabriel J. Chin
During Reconstruction, U.S. Congress amended the Constitution to fundamentally reorder the legal and social status of African Americans. Congress faced the challenge of determining how Chinese people would fit in to the emerging constitutional structure. This article draws on a digitization of the Congressional Globe to explore the arguments over Chinese during Reconstruction. Although treated as a racialized other, distinctions were made between Chinese and other persons of Color residing in America. Rather than intervene to liberate Chinese laborers through laws that would free them from involuntary servitude, and give them fair terms on which to compete, Congress moved toward excluding the Chinese altogether in the years before 1882. [read more...]
 
 
Article | 12 Tsinghua China L. Rev. 185 (2020)
Lay Judges in China under the New People’s Assessors Law: The Shaping of a Legal Institution
By Knut Benjamin Pißler
In April 2018, China enacted a new law on the participation of citizens in court proceedings. The introduction of non-professional judges in China, referred to as people’s assessors, is intended to create greater transparency and thereby combat corruption and improve the quality of the decision-making process. Additional objectives include educating citizens about the law and creating greater trust in the judiciary and the legal system. With the aim of achieving these goals, the law for the first time prescribes in detail the qualifications required of people’s assessors and establishes an appointment process aiming to ensure that these lay judges better reflect the overall population. Another important element of the new law concerns the composition of judicial panels, which in the future will consist of either three or seven members.
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Article | 12 Tsinghua China L. Rev. 235 (2020)
The Long-Arm of U.S. Justice: Scoville’s Restoration of “Conduct and Effects” in Securities Enforcement and Implications for Chinese Corporations
By Joel Slawotsky
Commencing with the U.S. Supreme Court’s ruling in Morrison v. National Australia Bank Ltd., a shift away from the “conduct and effects” test and the prior expansion of extraterritorial jurisdiction in U.S. courts seemed inevitable. This article examines the Scoville ruling through the lens of the United States Foreign Corrupt Practices Act (FCPA) opining that the context and construct of the FCPA militate strongly in finding Congressional intent to have the FCPA applicable extraterritorially. Moreover, in an age of geo-strategic hegemonic rivalry, U.S. courts may — depending upon the specific facts — find the violation as having “effects on the United States” thus falling within the governmental enforcement powers of the U.S. Securities and Exchange Commission and Department of Justice. The Scoville ruling has potentially significant implications for Chinese corporations that violate Federal laws outside the United States.
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Article | 12 Tsinghua China L. Rev. 259 (2020)
Coronavirus and the Resurgence of Sinophobia
By Fatemah Albader
With the outbreak of the coronavirus, the world has witnessed an increase in anti-Chinese sentiment, resulting from racially discriminatory policies undertaken by state governments to combat the spread of disease. States must nonetheless recall that the right to non-discrimination is a non-derogable right, one that is protected even in times of heightened anxiety. States must not impose restrictions that would contribute to the ongoing xenophobia, which is in blatant violation of human rights. Accordingly, this paper will explore and analyze the various government responses that have been undertaken in response to the coronavirus infection and will conclude with recommendations on how best to ensure compliance with the human rights framework during this time. [read more...]
 
 
Article | 12 Tsinghua China L. Rev. 289 (2020)
Regulating Blockchain? A Retrospective Assessment of China's Blockchain Policies and Regulations
By Jiang Jiaying
This article provides a retrospective assessment of China’s existing block-chain policies and regulations. It first summarizes China’s blockchain policies and regulations, and then assesses the impacts of these policies and regulations. The assessment consists of three steps by asking the following: (1) What were the problems before any policies and regulations were issued? (2) What are the objectives of the existing policies and regulations? (3) Have these objectives been fulfilled? Following this framework, the assessment begins by identifying three major problems in the blockchain space: (1) cryptocurrency and ICO-related crimes; (2) poor quality of early-staged blockchain products and services; and (3) a lack of consumer and investor protection mechanisms. The assessment then spots two primary objectives — market stability and safety, and technology innovation — by examining the government’s policy and regulatory reaction to these problems. [read more...]
    
Article | 12 Tsinghua China L. Rev. 313 (2020)
China-U.S. Phase One Agreement: The End of Technology Transfer Debate?
By Zhou Mengdi
U.S. concerns about China's technology transfer regime have been lingering for over eight years and written into the newly concluded trade deal with China in 2020. Does the trade deal put an end to the U.S.-China technology transfer debate? This note starts from a succinct overview of the history and focal points of the technology transfer debate, and provides both textual and effect analysis of the trade deal so as to predict the subsequent development of the debate. [read more...]
 
 
China Law Update | 12 Tsinghua China L. Rev.365 (2020)
The Development of Investor Protection in China's New Securities Law: Multiple Dispute Settlement and Compensation System
By Wu Peiyao
In this note, the author focuses on procedural protection for ordinary investors provided by the Securities Law (2019 Revision) and comments on the development of dispute resolution and damage compensation between investors and liable parties. To start with, she compares multiple forms of litigation available before and after the new Securities Law, and analyzes the most prominent creation, China’s “opt-out” group litigation from the perspective of comparative law. Next, the note introduces alternative approaches of non-litigation dispute resolution and their improvement under the new Securities Law. Finally, the law revision regarding procedural investor protection is viewed as a whole with several distinct characteristics. [read more...]
 
 
China Law Update | 12 Tsinghua China L. Rev. 379 (2020)
From SARS to COVID-19: Balance of China's Criminal Law System
By Sun Yirong
Criminal law is one of the quick-responding regimes to the COVID-19 episode in China. On Feb. 6, 2020, the Supreme People’s Court and the Supreme People’s Procuratorate issued joint judicial interpretation — the 2020 Opinions on Publishing Criminal and Illegal Activities that Hinder the Prevention and Control of Novel Coronavirus Pneumonia, which evidenced the policy transfer from SARS to COVID-19 in punishing the violation of public health regulations. This Note focuses on the update of two Crimes in the 2020 Opinions that directly relate to the spread and control of coronavirus. [read more...]
 
 
China Law Update | 12 Tsinghua China L. Rev. 399 (2020)

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