Mar 2006, Volume 1 Issue 1
    

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  • The Achievements and Prospects of Court Reforms in China
    WANG Liming
    2006, 1(1): 1-13. https://doi.org/10.1007/s11463-005-0003-0
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    Judicial reform has become an important issue of Chinese people. At the end of 2004, The Preliminary Comment on the Judicial System and Working Mechanism form the Central Leading Group of Judicial System Reform   is conferred by the central group of judicial reform. This paper analyses the achievements China has made in the last five years, especially in the area of court reform, judge reform, evidence reform, judge reform. Beyond this, this paper also expounds the prospect of China s judicial reform in improving the judicial independence, the judge quality, the court organization reforms and the reforms in evidence system.
  • Private International Law in Chinese Courts
    HUANG Jin, DU Huanfang
    2006, 1(1): 14-33. https://doi.org/10.1007/s11463-005-0012-z
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    After the entry of China intoWorld Trade Organization, there are problems such as jurisdiction, application of law, and judicial assistance, which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters. As for private and international law problems in the Chinese courts, this paper analyses some general issues, including renovi, inter-temporal conflicts, and proof of foreign laws; reviews jurisdiction problems, for example, common jurisdiction versus special jurisdiction, selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction; discusses the choice of law problems such as the principle of party autonomy, the principle of the most significant relationship and d暅e擆ge method; and studies recognition and enforcement of foreign judgment and international commercial arbitral award.
  • A Dialectic Study of the Structure and Basic Concepts of Traditional Chinese Law and an Analysis of the Relationship Between li (ceremony) and fa (law)
    ZENG Xianyi, MA Xiaohong
    2006, 1(1): 34-52. https://doi.org/10.1007/s11463-005-0015-9
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    In the course of history, the meaning of fa (a Chinese character with an approximate meaning of law ) has not been invariable, and its connotation in modern times has been enriched constantly, so as to incorporate many elements of ancient li (ceremony). If the modern concept of law, already changed and still changing, is to be used to mechanically compare and interpret traditional Chinese law, misunderstandings might arise. Actually, li and fa are indispensable components of traditional Chinese law, and the lack of necessary study of the li will prevent us from understanding and explaining the spirit of traditional Chinese law. In traditional Chinese law, fa  usually refers to an institutional dimension, especially after Qin and Han dynasties, whereas li, especially li yi (moral basis for rites and ceremonies), is where the value and spirit of traditional Chinese law can be found.
  • Destiny of the Death Penalty in China in the Contemporary Era
    CHEN Xingliang
    2006, 1(1): 53-71. https://doi.org/10.1007/s11463-005-0014-x
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    This paper is a study on the abolishment of death penalty in China. The author first reviewed the ancient death penalty in China, looked at the history of death penalty from its evolution and reform, then examined the status quo of China s death penalty, and brought forward a practical question of what course should the flourishing death penalty in China follow in the international trend of abolishing and restricting death penalty. In this regard, the author analyzed the conditions for abolishing death penalty from the perspectives of public opinion s influence, choice of politicians, control of crimes and structure of criminal penalty. He also designed a course for China to restrict and abolish death penalty from the legislation setting and judicial restriction, expecting to find a practical way to abolish death penalty.
  • The Roman Law Tradition and Its Future Development in China
    WANG Zhenmin
    2006, 1(1): 72-78. https://doi.org/10.1007/s11463-005-0005-y
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    In Late Qing Dynasty, the Chinese Law Family was disintegrated and the Western Law was introduced into China. Finally, China adopted the European continental Roman law tradition. This paper analyzes the reason for China s borrowing of such legal system and probes its development and reform in the later years. It also tries to answer the question of what will be the possible impact upon the current Chinese legal system since China now implements the policy of one country two systems  in order to realize its reunification with Hong Kong, Macau and Taiwan. In addition, it will make some prediction upon the future development of Chinese legal system.
  • The New Insolvency Law and Governance of Corporate Legal Person
    WANG Weiguo
    2006, 1(1): 79-91. https://doi.org/10.1007/s11463-005-0004-z
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    Start of the insolvency proceedings influences the two basic problems of corporate governance: restriction about the soft budget  of corporation and information asymmetry  between the interior and exterior person. In fact, the insolvency law is a mechanism of the potential exterior supervision. In the insolvency proceedings, most of the information is open to the creditor and to the superintendent, who is liable for protecting the interest of the creditor. The key problems of corporate governance are transparency and information disclosure. The insolvency law provides the power of supervision to the creditor when corporation insolvency. Of importance is that power is conducted by collectivity and supported by judicatory and professional organization. In June 2004, the finance committee submitted the new draft of the insolvency law to the standing committee of the national people s congress. There are many articles about corporate governance. These articles are generally divided into two kinds, one is restriction on conduct of the supervisors in the period of the insolvency proceedings, and the other is examination of the conduct before the start of the insolvency proceedings.