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A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
List of contents
1. The law, China and the world: an introduction Yun Zhao and Michael Ng; Part I. Chinese Legal Reform in Xi Jinping's Era: 2. Punishments in the post re-education through labour world: questions about minor crime in China Sarah Biddulph; 3. Understanding the presumption of innocence in China: institution and practice Lin Xifen and Casey Watters; 4. Judicial approach to human rights in transitional China Shucheng Wang; 5. Public enforcement of securities laws: a case of convergence? Chao Xi and Xuanming Pan; 6. China's free trade from SEZs to CEPA to FTZs: the Beijing Consensus in global convergence and divergence Wenwei Guan; 7. Achievements and challenges of Chinese maritime judicial practice Liang Zhao; 8. Interaction of national law-making and international treaties: implementation of the convention against torture in China Bjorn Ahl; 9. Online privacy protection: a Legal regime for personal data protection in China Yun Zhao; Part II. The Back Matters: Historical Legal Reform in China: 10. Traditionalising Chinese law: symbolic epistemic violence in the discourse of legal reform and modernity in late Qing China Li Chen; 11. Judicial orientalism: imaginaries of Chinese legal transplantation in common law Michael Ng; 12. Commercial arbitration transplanted: a tale of the book industry in modern Shanghai Billy K. L. So and Sufumi So; 13. China's unilateral abrogation of the Sino-Belgian Treaty: case study of an instance of deviant transplantation Maria Adelel Carrai; 14. Consequential court and judicial leadership: the unwritten Republican judicial tradition in China Zhaoxin Jiang.
About the author
Yun Zhao is Professor and Head of Department of Law at The University of Hong Kong; Ph.D. (Erasmus Universiteit Rotterdam); and L.L.M (Leiden University); L.L.M. and L.L.B. (China University of Political Science and Law). Professor Zhao is also Chen An Chair Professor in International Law at Xiamen University (2015), and Siyuan Scholar Chair Professor at Shanghai University of Foreign Trade (2012–14). He is listed as arbitrator in several international arbitration commissions.Michael Ng is Assistant Professor and Director of the Centre for Chinese Law at the Faculty of Law of The University of Hong Kong. He is author of Legal Transplantation in Early Twentieth Century China: Practising Law in Republican Beijing (1910s–1930s) (2014) and co-edited Civil Unrest and Governance in Hong Kong: Law and Order from Historical and Cultural Perspectives (2017). His works have appeared in leading international refereed journals such as Law and History Review, Law and Literature, International Journal of Asian Studies, Business History, and the Journal of Comparative Law, among others. He practised in the legal and finance sectors for more than fifteen years before becoming an academic.
Summary
A critical evaluation of the latest reform in Chinese law that engages the Chinese legal scholars and Chinese legal historians. Providing a unique insight into the development of Chinese legal reform, this book will appeal to readers interested in Chinese law and policy, Asian studies, and Chinese legal history.
