The right to privacy has been developed through judicial practice and has evolved from “the protection of the right to reputation” to “privacy interest” then to “privacy right.” The Civil Code of the People’s Republic of China (2020) clarifies the right to information privacy and the right to personal information as two independent personality rights and establishes a privacy priority protection mechanism for private information in civil law. The comparative efficiency of the right to personal information may mean that the protection of the right to information privacy is weakened or even replaced by the right to personal information. The uncertainty and fragmentation of private information also creates a wide gray space for judicial decisions. The development from traditional privacy right to information privacy right and personal information right is generally positive and shows the active legal response to the protection of private information in multiple ways. However, clarifications and systematization are required to increase the effectiveness of such protections.
Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner is a significant strategic measure put forward by the Communist Party of China and the Chinese government amid global changes of a magnitude not seen in a century. It is an important content of XI Jinping Thought on the Rule of Law and also a new practice facing China’s high_x0002_level opening up. To further explore and clarify the basic theory and approach of cultivating high-quality talents in the rule of law in foreign-related affairs, this article analyzes and summarizes the practice of foreign-related rule of law in the context of globalization. This is done from the perspectives of territory, normative, subject, and legal application dimensions. Key factors include the significant differences in official languages and legal cultures between jurisdictions, the closure of the legal profession admission mechanisms, and the inter-disciplinary requirements for talents praticing the rule of law in foreign related affairs. For this reason, the path for talent cultivation in this field in China for the new era can be explored through clarifying requirements for training and qualification, strengthening international cooperation, and building a multi-level mechanism for the cultivation and utilization of talents practicing the rule of law in foreign-related affairs.
The call to advance the rule of law in foreign-related affairs is an important component of China’s strategic move to a great modern country. In modern times, Western countries have applied rule of law practices in their modernization, demonstrating the values of a sound rule of law system for national strength. In particular, the rule of law, extended beyond national borders, provides a crucial guarantee for a great modern country’s sustained, stable, and healthy path, and is also a clear symbol of a country’s soft power. As China is progressing to become a great modern country, there is a need to pay a particularly close attention to the rule of law, actively promoting the legalization of foreign-related work. China’s stance on the rule of law in foreign_x0002_related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation. In the context of this era, China’s international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization, further enhancing the rule of law in China and the successful emergence of a great modern country.
The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.
In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.
Humanization is not only a new concept and value-oriented, but also an ever-increasing positive phenomena in international law. Contemporary international law has been contributing to the establishment and improvement of global peace and development order for the co-existence among States on the one hand, and making endeavors to the formation and maintenance of humanizing order,which is both “individual-oriented” and “humankind-oriented”. Such a humanizing phenomenon undoubtedly represents the advanced trend of international law, enriches its contents, updates some of its classic branches and impacts on the basic principle of reciprocity on which it is created and developed. However, the humanization of international law could not have taken shape without common accords among States by means of either treaties or customary rules; and without cooperation among States, the humanistic value of international law can never become true no matter how sublime it is.
The notion of “rule of law in foreign-related affairs” signifies a critical innovation and evolution in the theory and practice of socialist rule of law with Chinese characteristics. It underscores the pivotal role of rule of law in foreign-related affairs in the law-based governance and presents new topics for the theoretical study for rule of law. A precise comprehension of “rule of law in foreign-related affairs” necessitates tracing its origins and elucidating its correlations with both “rule of law in domestic affairs” as well as with “international rule of law.” Acknowledging both domestic and international prerogatives, while holistically advancing law-based governance, constitutes the foundational rationale behind “rule of law in foreign-related affairs.” In addition, the cognitive transition from a “socialist legal system” to the “socialist rule of law” forms a theoretical foundation for the rule of law in foreign-related affairs. Although national governance and global governance, as well as the rule of law in domestic and foreign-related affairs fall under distinct governance categories and legal systems, they are interconnected, mutually influential, and integrated. As a component of national rule of law, the rule of law in foreign-related affairs acts as a bridge between the two independent legal systems of the rule of law in national affairs and international rule of law. It is imperative to promote a harmonized advancement of the rule of law in domestic and foreign-related affairs, thereby expediting the strategic deployment of the rule of law in foreign contexts. This strategy more effectively safeguards national sovereignty, security, and developmental interests while contributing to build a human community with a shared future.
The fine family values incorporated into China’s Civil Code can effectively resolve the contradiction between the Marriage and Family Law’s specific socialization requirements and the relatively insufficient socialization they present after they have been incorporated into the Civil Code of the People’s Republic of China. The fine family values clauses can reflect the ethics of Marriage and Family Law by introducing the family’s subject position in identity law, by specifying the scope and source of public order for judging behavior legitimacy in family relations, and by checking and balancing the tendency of turning Marriage and Family Law into Property Law. The clauses’ normative effect includes the organizational effect aimed at regulating family power, social power and state power, and the advisory effect for promoting moral education. However, its core lies in its behavior normative effect for guiding the judicial process and its adjudicative normative effect. In terms of specific application, we should focus on realizing the normative function of the fine family values clauses. This function includes proving the relationship between a guardian’s “lack of control and education” and external damage caused by family members, balancing family stability and personal freedom value, limiting seeking improper property interests by means of identity behavior and creating independent legal interests.
The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law, as well as between the rule of law in domestic affairs and that in international affairs, providing a bridge for China to build law_x0002_based governance and to reform the global governance system for the new era. The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law. The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations. In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreign related affairs, the building of China’s system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China, with legislative, executive, and judicial authorities performing their respective duties. This building should be based on multilateralism, taking into account the legitimate concerns of other countries, and with the bottom line of not violating the prohibitive provisions of international law, and should be promoted with a balanced approach considering both “offense” and “defense.”
Book Excerpt
The Qing Dynasty is the last dynasty of all the twelve dynasties in Chinese history. Its family law embodied the Confucian conception of the integration of family, country and the world under heaven. The rule of traditional Chinese society was depicted as “the Rule of Propriety and Music” which had been established by Duke Zhou as an instrumentalist mechanism and refined by the Confucian humanistic value orientation. This rule exhibited the intricate fabric of both family and country in five-types in dressing-service, making the laws and legalities in the Qing Codes and Cases peculiar in marriage, divorce, property inheritance and heir adoption and confirmation with obvious female and juvenile discriminations. Since Confucian ethics was introduced as a remedy to the deficiency in regulation and the stereotypes of mentality in the late Zhou Dynasty, their suggestions on equal and universal moral rights have become apparent in the relative enactments and cases ever since. As a system of social regulation, the Qing Codes and Cases demonstrated validity and stability in all areas of family law as well as in their compromise with Confucian ethics in the solidarity of family, clan, country and world where the right to live and the balance between right and duty had been always prioritized.
Due to obstacles in expression and communication, as well as a societal lack of humanitarian spirit and deficiencies in system design, children with intellectual disabilities are confronted with various problems when seeking medical treatment. The dilemma of medical treatment seriously restricts the survival and development of disabled groups. By reviewing the way in which a mother accompanied her disabled child for 28 years together, this article analyzed the reasons for the dilemmas of medical treatment, and appealed to improve the living conditions of persons with intellectual disabilities to guarantee their rights for rehabilitation. In addition, by introducing the recreational and sports activities that parents’ spontaneous organization created for children with intellectual disabilities, it put forward the proposal to prevent in advance the possible deterioration of conditions caused by social isolation, which is definitely a preferable remedy for persons with disabilities.
The adjudication and amnesty system in the Song Dynasty has been thoroughly researched by academia, but the annual death penalty numbers have not been credibly determined due to insufficient and disorganized historical records. The period’s policy that no innocent person would be executed was based on the double-digit record of capital punishments for Zhenguan during the Tang Dynasty, and the execution number was adjusted accordingly. As a special procedure, Zoucai (a request for judgment) was used to reduce the death penalty numbers. The value of human life, concern about excessive execution, and trimming of the capital punishment regime resulted in conversations between the emperors and their officials about the death penalty, which allowed the law that executed capital punishments during the Song Dynasty to strike a proper balance between justice, efficiency, and mercy, while avoiding rigidity and abuse.
The Chinese have created the concept of “humanity, reason and law” and developed a mentality around it. Since Confucianism was highly valued in the Han Dynasty, especially during the Han, Wei, and Six Dynasties periods, the exploration and analysis of “humanity and reason” in judicial practice has been widespread. This has led to the “filtering” and examination of laws based on “humanity and reason.” The objective aspect of “humanity” refers to the facts and circumstances of a case, extending to the latent emotions of the people involved. Confucian scholars proposed the principle of “judging a case based on its original sentiments and emotions.” The subjective aspect of “humanity” refers to sentiment and emotion, such as the “willingness” or “unwillingness” of both parties in a divorce case. The combination of the objective and subjective aspects of “humanity” together with their “reason” form the essence of “humanity, reason and law” and is the main content of this concept. “Humanity, reason and law” serves as both a principle of legal formulation and a method of application and interpretation. In modern times, SHEN Jiaben and XIE Juezai were pivotal in the development of “humanity, reason and law” mentality. SHEN Jiaben facilitated the transition from tradition to modernity, while XIE Juezai integrated ancient and excellent traditions into revolutionary legal practices, giving it a modern significance.
As an important accomplishment of self-governance exploration for the Chinese nation, the Chinese legal system has contributed significantly to human rule-of-law civilization, and should be reinterpreted from three dimensions: historical tradition, prevailing practice, and future development. Following the constant logic of rule-of-law development in China, Chinese rule-of-law modernization marks a new era of the Chinese legal system and is a specific embodiment of Chinese modernization in the domain of rule of law. The Communist Party of China (CPC) has explored the China’s socialist rule-of-law practice with Chinese characteristics, carried forward the essence of fine Chinese rule-of-law culture, and learned from others’ important rule of-law achievements, modernizing the rule of law for the needs of China. Furthermore, XI Jinping Thought on the Rule of Law, adapting to the times to promote the great rejuvenation of the Chinese nation, understands and grasps the basic laws of national governance, the laws of socialist rule-of-law building and the principles of law-based humane civilization development. The Chinese legal system has thereby been revised and expanded through linking history with reality, the international scene with the domestic one, and theory with practice. Surely, the updated Chinese legal system with China characteristics and with world significance will return to global centre-stage in rule-of-law development. Also, the updated Chinese legal system in the new era will embrace the revival of Chinese rule-of-law civilization, while the Chinese rule-of-law modernization will advance the great rejuvenation of the Chinese nation.
1.HAO Tiechuan, 中华法系的创造性转化 (Creative Transformation in Chinese Legal System), 1 东方法学 (Oriental Law), 13–25 (2022). Abstract Through the analysis of 18 characteristic cases in the current Chinese rule of law system, it is pointed out that the creative transformation of the Chinese legal system is an important way to form a characteristic of the current Chinese rule of law. Through the analysis of 102 aspects of the Chinese legal system, it is pointed out that if feudalistic content is eliminated, other contents of the Chinese legal system can be creatively transformed. Therefore, to carry out the creative transformation of the Chinese legal system, we must transform from unconscious and subtle changes to conscious and rational choices. The reference standards for the creative transformation of the Chinese legal system are: First, the socialist core value system and socialist core values. Second, the modern rule of law thinking and basic values of the rule of law. Third, the relevant international human rights conventions that China has participated in. The operating methods of the creative transformation of the Chinese legal system mainly include basic inheritance, partial inheritance and new interpretations of old words. China is the only survivor of the four major ancient civilizations in the world. The Chinese legal system is the only one that has no religious background and is human-oriented. Therefore, realizing the creative transformation of the Chinese legal system is an unshirkable historical mission.
The family system has always been effective in maintaining basic social order at the grassroots level in traditional Chinese society. At the beginning of the 20th century, Chinese society underwent tremendous changes, and traditional Chinese law was modernized; the family system became the most contested point of conflict between tradition and modernity, forcing lawmakers to be particularly cautious in making legal modernization. During the modern period, the political power struggles of various warlords led to chaos and disorder across the entire social legal system, yet legislative construction never ceased, and the legal modernization of traditional family systems became the focus of legislative endeavors for maintaining basic social order.
Stepping up legislation in the foreign-related field is a foundation and prerequisite for advancing the rule of law in domestic and foreign-related affairs in a coordinated manner. It is also an important link in the promotion of the socialist legal system with the Constitution as the core, as proposed in the Report to the 20th National Congress of the Communist Party of China (CPC). Since China introduced the reform and opening_x0002_up policy in 1978, China’s legal system in the foreign-related field has evolved from initial formulation to mature framework, and China’s legislation in the foreign related field has maintained distinct Chinese characteristics and contemporary features. Currently, China’s legislation in the foreign-related field focuses on national security and on high-level opening-up. It continuously strengthens the connection of the rule of law in domestic affairs with that in international affairs, and consistently promotes the China’s legal system of extraterritorial application. Furthermore, legislation in the foreign-related field in China still has issues to address, which include the inconclusive status of international treaties within the legal system, a relatively conservative domestic approach in exercising extraterritorial jurisdiction, and a limited scope of legal liability. To better respond to the need of legislation in building a human community with a shared future and to enhance China’s right to international legal discourse in global governance, China needs to move faster to introduce the Law on Foreign Relations of the People’s Republic of China. This law should reflect the basic positions, principles, and policies that China upholds in matters of foreign relations, as highlighted in the Report to the 20th CPC National Congress. Furthermore, China should continue to improve legislation in key areas of national security and increase the pre existing punitive measures for responding to actions that harm national security both domestically and internationally. Legislation should also be strengthened to counter sanctions and interference, and supporting measures should be adopted to ensure the effect of relevant legislation. In the field of foreign economic and trade relations, China should incorporate high standard international economic and trade rules in relevant legislations, and should legalize the replicable and promotable legal rules in the building of free trade zones. Additionally, the existing jurisdictional system and international commercial dispute resolution system should be promoted.
At the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), the Decision of the Central Committee of the CPC on Some Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated the direction for the research of our nation’s construction of a government under the rule of law. For years, the government at various levels and administrative agencies adhered to conducting work on the legal course under the CPC’s leadership, actively promoting administration according to law, and constructing a government under the rule of law, and have made enormous achievements. However, there many difficulties still co-exist, along with challenges and opportunities. By adopting theoretical and empirical research approaches such as data analysis, normative analysis, interviews and investigations, questionnaires, counter-measure research, and case studies, this article discusses and conducted systematic and in-depth research on the theoretical framework of the construction of a government under the rule of law from macroscopic, to microscopic aspects. This article outlined the basic contexts and realistic vision for China’s construction of a government under the rule of law, which can provide active implementation of the project of construction of government under the rule of law with a basis in theoretical reference.
Lesbian, gay, bisexual, and transgender (LGBT) people constitute approximately five percent of the population, but workplace discrimination based on sexual orientation and gender identity remains troublingly commonplace. This article summarizes a large and growing body of social science research demonstrating the economic benefits of LGBT inclusion (and the costs of LGBT exclusion) in the workplace. It concludes with recommendations for (1) future research, stressing the need for more China-specific studies, which would inform policymaking and theoretical understanding of diversity and inclusion practices on business performance, (2) improving employer LGBT-inclusion policies, and (3) strengthening state protection of the equal employment rights of LGBT people.
With the development of the internet and the increasing role played by information technology in the economy, personal information protection has become one of the most significant legal and public policy problems. Since 2013, China has accelerated its legislation efforts towards protecting personal information. The Cybersecurity Law of the People’s Republic of China took effect on June 1, 2017. Legal scholars focus on the nature of personal information, discuss the necessity of enacting specific laws on protecting personal information, and attempt to propose relevant draft laws regarding personal information protection. Personal information protection, however, is not only a legal issue but also a political one. We need to look at the decision-making process about legislation on personal information protection in China. Why has China sped up its legislation on personal information protection since 2013? Is privacy, civil rights, or legal interest the main reason behind the legislation? Only after placing personal information protection legislation in a broader context, can we have a better understanding of the underlying logic and dynamics of personal information protection in China, and can perceive the potential content and possible future of these legislation. This paper argues that Internet industry development, the social consequences of personal information infringement, and national security are the main drivers of China’s personal information protection legislation.
Previous evidence demonstrates that a public health crisis triggers and intensifies domestic violence, especially against women. The pandemic of COVID-19 supported this observation, as the world witnessed an increase in domestic violence. China has witnessed a similar trend. While the Chinese government is applying a stringent model of virus control measures over COVID-19 when compared to certain other countries, many questions remain: How is this impacting the situation of domestic violence in China? What has China done to combat domestic violence during COVID-19? What can we learn from the Chinese experience? This article intends to answer these questions by reviewing reports and media coverage and conducting interviews with stakeholders. First, it examines causes of domestic violence during COVID-19. Second, it analyses the types and features of domestic violence during COVID-19. Third, the article intends to discover the current difficulties in combatting domestic violence. Fourth, it presents good practices for specific local areas. Last, it concludes with recommendations for tackling domestic violence during public health crises, such as the COVID-19 pandemic, by understanding the Chinese experience.
Traditionally, the Common Law System exercises a legal separation of marital property regime between husband and wife; this regime still has interpretation theory value for functional comparison to that of China. The husband-wife personality integration in the early days of the Common Law System goes back to the original agency of necessity similar to that of the daily family agency of the Civil Law System; the aim was to strengthen marital coherence rather than protect creditors. The “daily family needs” should be identified without excluding the husband-and-wife separation period, and be based on the consumption level during the time that a couple have lived together. The current mainstream mode of the Common Law System starts from the “Consensual Approach” under the legal regime of separation of property between husband and wife, and limits the “Purpose Theory” to cases of insufficient consensual evidence. Moreover, this mainstream mode is supplemented by the “Presumption Theory” that only exists as a method of proof, and is similar to the current Chinese position of co-debt and co-signing. When a nondebtor consents a debtor to borrow money in the name of husband and wife, this consent can be used as a yardstick to determine their marital community debt and to identify the nature of various debts in the context of marital community debt.
Currently, research on the Chinese legal system is flourishing, and more and more issues are worthy of exploration. The Chinese legal system is unique among the five major legal systems in the world. It is the only ancient secular legal system, and the only ancient secular legal system to have been disseminated by non-coercive means. The openness of the Chinese legal system is a powerful proof that traditional Chinese law plays a role in importing and exporting legal policies and measures from and to other states. Indeed, these issues are important in research on the Chinese legal system, and a correct understanding of them can help to comprehensively understand traditional Chinese legal culture. It is essential to deepen the research on the Chinese legal system to contribute to its revival and to the inheritance of traditional Chinese legal culture. In addition to comprehensive discussions, it is also necessary to fill gaps and advance the research on the Chinese legal system.
The difficulty of foreign-related judicial document service is one of the hot issues in the discussion of Chinese international judicial theory and practice. In 2006, the Supreme Court released the Several Provisions on the Service of Judicial Documents of Foreign-related Civil or Commercial Cases, which can mitigate the existing problem to some extent. However, it is only a makeshift to rely on judicial interpretation to solve foreign-related judicial document service but can not settle the problem fundamentally. We should make full use of the legislative interpretation and modify the related provisions in the current Civil Procedure Law for improving China’s legal system of foreign-related document service.
Globalization has been accompanied by the spreading of bribing foreign officials. In order to curb the transnational corruption, the US has pioneered the anti-foreign bribery through enacting the 1977 Foreign Corrupt Practice Act (FCPA), which also stimulated the formulation of international anti-corruption agreements. Even though the 8th Amendment of China’s Criminal Law contains a concise provision on sanctioning bribing foreign officials, however, China still does not have a comprehensive anti-foreign bribery legal mechanism. As the second largest economy of the world, China seems inevitably to have its own anti-foreign corruption statute. This article aims to use the U.S. FCPA as an analytical subject to discuss whether or not China has the necessity of enacting its own statute of foreign corruption prevention. The issues such as extraterritorial jurisdiction and compliance burden should also be considered in the enactment of China’s possible anti-foreign bribery law.
China and some of its trade partners in Western Europe apply different legal regimes for international carriage of goods by railway — respectively Agreement on International Railway Freight Transportation (SMGS) and Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). For transportation of goods by railway between China and Western Europe both the CIM and the SMGS are often applicable. China’s initiative “the Belt and Road” promotes development of railway transport in Eurasia and creates new incentives for comparative study between those two international legal systems. This article provides a brief historical outline of comparative studies between the CIM and SMGS. This article also purports to show that some similarities and differences between the two regimes might be better understood from the perspective of comparative legal history. Taking into account inter alia the common origin of the current versions of the CIM and SMGS in the 4th revision of the CIM of 1933, differences and similarities between two legal regimes have been analysed with regard to the following topics: the scope of application of the CIM and SMGS; the nature of the carrier’s liability under the CIM and SMGS; exclusivity of the CIM, exclusivity of the contract of carriage under the SMGS; period of responsibility; persons for whom the carrier is liable.
This article reviews the historical development of Chinese civil law since reform and opening up of China and argues that the primary achievement of civil law legislation over the last four decades has been the formation of a comprehensive civil legal system. Today’s civil law system in China not only satisfies the institutional requirements for building a market economy but also constructs a legal rights system and establishes fundamental civil law principles, such as individual autonomy, equal protection, good faith, and fairness. In the 40 years since reform and opening up, there have been significant innovations with regard to the specific systems, systemic structures, and fundamental principles of Chinese civil law. This article summarizes the experiences of China’s civil law legislation since reform and opening up and looks ahead to how the anticipated “civil law codification” suitable for the modern era will develop a modern legal code based on China’s domestic circumstances.
Punitive damages have several functions that are worthy of serious research. For instance, punitive damages could help to compensate victims for moral damages suffered and offer more sufficient ex-ante compensation in cases of wrongful death or bodily injury, thus compensating for the losses suffered by victims more completely; they could punish private wrongs more effectively and provide a means of personal revenge within the law, incidentally deterring and preventing future wrongs; they could be used to correct abuses of power or status by the rich, large corporations, or the government; and they could be used to complement criminal law, etc. In order to fully realize the advantages of this institution in the Chinese society, we should expand its application in China’s tort law and carefully design the scope of its application, including the subjects to which it would be applicable and the amounts that would be allowable. In the short term, the application of punitive damages could be expanded through specific individual legislation, increase of the amounts of compensation for mental damages in individual cases or local legislation. In the long term, a general clause on punitive damages should be established in tort law in China’s future Civil Code, stipulating that “punitive damages can be applied to those who have performed tortious acts that deserve severe moral condemnation, due to the actor’s malicious intent or indifference or disregard for others’ rights.”
The trans-administrative regional (trans-regional) court was created as part of China’s judicial reforms in 2014. Thus far, only two trans-regional courts have been established, namely the Shanghai No. 3 and Beijing No. 4 Intermediate People’s Courts. An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that (1) it is neither a specialized court that hears certain types of cases, (2) nor a local court established completely in keeping with administrative divisions. Therefore, the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts. Several models, namely the independent set-up model, full reshuffling model and limited transformation model, have been proposed for the establishment of trans-regional courts. The most practical and efficient among these models is the limited transformation model, aiming to reconstruct the existing railway transportation courts. The trans-regional courts may have exclusive, alienage, or supplemental jurisdiction. Each form addresses particular types of special and major trans-regional cases, and other cases based on the theory of consolidation.
Legal practices from ancient to modern times have shown that law is closely related to language and writing. To compensate for the inherent uncertainty of language and writing, current laws use relatively sophisticated textual expression structures. Most of the lofty slogans and principles introduced from the West is nothing but a vain name and brings substantial harm. The concepts, systems, legislative techniques, and legal texts of traditional law have specific critical and reference significance for today’s legislation. It is especially significant for us to be vigilant about the reflection of traditional law on legal modesty.
The 5000-years uninterrupted Chinese legal culture embodies the political and legal wisdom of the Chinese nation and is a source of pride for the Chinese nation. It has provided extremely rich resources and treasures for the construction of socialist rule of law with Chinese characteristics. It has been inherited vertically, evolved intergenerationally and reserved continuously. Originating from both the historical legal system and from Marxist historical materialism, the Chinese legal system has profoundly influenced neighboring countries. The comprehensive governance of politics, law, and morality in ancient China, as reflected in the Rites of Zhou, a book of the Western Zhou Dynasty (1027-771 BC) on cultural ideology and political structure, provides an early work on the governance of ancient China. Chinese legal culture has remained progressive, and with the great rejuvenation of the Chinese nation, it is now important to promote Chinese legal culture for construction of the Chinese legal system in the new era.
CHEN Sisi, “春秋决狱”形成的法律文化模式及其功能 (The Legal Culture Model and Its Functions Formed from “the Judgment of Chunqiu”), 12 学术探索 (Academic Research), 95–107 (2022) .
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In recent years the cases of blog infringement are on the increase, attracting more attention from all walks of life. The author provides a preliminary discussion on the status, elements, and judicial finding of blog infringement, as well as civil liabilities for blog infringement, in the hope of contributing to the research and legislative regulation of blog infringement.
In April 2007, the United States filed an application with the DSB of WTO with respect to the issue of criminal law protection mechanism of intellectual property rights in China, which was the first dispute accepted by the DSB arising out of the issue of criminal law protection mechanism of intellectual property rights. The core of the dispute of the case is how to interpret the “commercial scale” under Article 61 of the TRIPS Agreement as the “criminal threshold’’. It can be seen from the practice of the interpretation of the DSB that while each WTO member is entitled to interpret the term “commercial scale”, the boundary of interpretation is subject to Article 61 of the TRIPS Agreement. It is unnecessary for China to lower her “criminal threshold”, since China’s criminal law protection in intellectual property policy is in compliance with the TRIPS Agreement. In fact, the United States should change from lowering the criminal threshold to how to strengthen the criminal crackdown on piracy under the circumstance of lowering the price of genuine works when imposing pressure on China in the protection of intellectual property rights.