Showing posts with label CCL. Show all posts
Showing posts with label CCL. Show all posts

Thursday, March 2, 2023

Call for Papers (Abstracts deadline: Mar 15 2023): The Law & Sustainability Conference Series held by SMU Law, USYD Law, and HKU Law

Call for Papers. The Law & Sustainability Conference Series held by SMU Law, USYD Law, and HKU Law invite papers related to anticipation, connections, resilience. DDL for abstracts is Mar 15 2023.

Saturday, October 29, 2022

HKU Law Call for Papers: The Empirical Turn in Chinese Legal Research: Challenges, Strategies, and Solutions (due: 30 Nov 2022)

The Empirical Turn in Chinese Legal Research:
Challenges, Strategies, and Solutions

CALL FOR PAPERS

Empirical studies of the Chinese legal system have proliferated in recent decades. This trend has only been accelerated by greater generation of data on the one hand and methodological innovations in the social sciences on the other. Empirical legal research promises to enrich our understanding of legal phenomenon and to furnish a knowledge base for debating legal doctrine and theory. But the apparent objectivity of numbers can also mislead those unfamiliar with the assumptions and extrapolations underlying many of the conclusions drawn from quantitative research. To foster critical and constructive discussion about this emerging field, the University of Hong Kong Faculty of Law will host a conference on " The Empirical Turn in Chinese Legal Research: Challenges, Strategies, and Solutions" to be held in-person at the University’s Centennial Campus on 9 and 10 January 2023. The conference organizer will cover the lodging and travel expenses of all invited speakers.

Submissions may address one or more of the following topics:
  • Data generation and collection
  • Methodological choices and trade-offs
  • The generalizability or representativeness of small or local samples
  • The relationship between empirical and theoretical or doctrinal research
Submission requirements:
The submission must address the topic of the call for papers, including but not limited to the topics listed above.  Proposals may be submitted as drafts or abstracts of approximately 500 words.

Submissions should be made through the following form on or before 30 November 2022: https://hku.au1.qualtrics.com/jfe/form/SV_5mr7O0rwf7l6JLw

Acceptances will be communicated by 7 December 2022. In addition, a special issue of the Hong Kong Law Journal will be dedicated to the proceedings of the conference. Submissions may be revised before publication. Final manuscripts are due 30 April 2023. All enquiries should be addressed to Ms. Yin Xiaohan at yxh0222@connect.hku.hk.

Monday, June 27, 2022

Philip K.H. Wong Centre for Chinese Law Newsletter (June 2022)

Centre for Chinese Law is Renamed Philip K.H. Wong Centre for Chinese Law

[read more]

Introduction to HKU Law Series (IV) Professor Douglas W. Arner’s Sharing


Angela Zhang’s interview with Bloomberg TV on China’s Regulatory Easing


RECENT PUBLICATIONS

Tuesday, September 28, 2021

Centre for Chinese Law Newsletter (August 2021)


HIGHLIGHTS

Faculty of Law's Results of RGC's GRF and ECS (2021/22 Exercise)

The Centre of Chinese Law would like to congratulate our affiliated faculty members for winning several grants from the General Research Fund and Early Career Scheme. Out of the 8 GRF awards granted to the Faculty of Law this year, 6 of those awards were won by the Centre for Chinese Law’s affiliated faculty members. Congratulations to Shahla Ali, Angela Zhang, James D. Fry, Weixia Gu, Jedidiah Kroncke, Shitong Qiao and Benjamin Chen for securing a total of $5.96 million in funding. The​ projects cover topics ranging from China’s digital economy, international arbitration and dispute resolution, social issues, and the legal profession. We wish all of our faculty good luck in the pursuit of their vital research.

The details of the new funded projects are as follows:

GRF:







Dr Anya Adair (cross appointed with Faculty of Arts)



RECENT ACTIVITIES


The Structure and Mechanism of the Personal Information Protection Law

​On April 29, 2021, the National People’s Congress released a second draft of the Personal Information Protection Law. The Centre for Chinese Law at the University of Hong Kong has launched a series on the law to gain an understanding of its significance. Our series was held in conjunction with the Digital Economy and Legal Innovation Research Center at the University of International Business and Economics.

In the first lecture in our Personal Information Protection Law series, Xu Ke, Associate professor from the University of International Business and Economics and Executive Director of the Digital Economy and Legal Innovation Research Center was invited to discuss the structure and mechanism of the draft law.

Professor Xu gave a broad overview of the structure and system of the Personal Information Protection Law. He focused on three issues, namely the historical development, the formal structure and the substantive content of the Personal Information Protection Law. Mr. Fang Yu, director of the Internet Law Research Centre at the China Academy of Information and Communications Technology commented and identified problems around enforcement. Dr. Angela Zhang, director of the Centre for Chinese Law, raised questions around Internet company compliance and future law enforcement measures.

Professor Xu noted that legal experts from the State Council first began working on the law in 2005 to address the inevitable privacy challenges brought in by the advent of the digital age. Since 2005 however, data privacy protection laws in China had developed in a piecemeal fashion. While specific provisions aimed at protecting data privacy exist within several different laws, the recent drafting of the Personal Information Protection Law represents the first time a comprehensive overarching framework on data privacy will be established.

Professor Xu identified a growing need for personal information protection which began in the early 2000s when the Chinese internet was just beginning to gain a foothold. Since those days, anxieties around data privacy issues including serious breaches have continued to vex users and regulators alike. Moreover, Professor Xu explained that as Art. 38 of the PRC constitution guarantees personal dignity, the draft law serves to elucidate that guarantee in line with the data privacy concerns of modern day Chinese citizens.

Extraterritorial Application of China's Personal Information Protection Law

In our webinar, Sandra Liu will discuss how the draft Personal Information Protection Law, with its extraterritorial application, deals with cross-border data flow. Our webinar will explore some of the key features and policy drivers behind the draft law while looking to foreign jurisdictions for a comparative perspective. Ms. Liu will also illustrate the complexities involved with cross-border data transfer with reference to practical examples. Speaker: Ms Sandra Liu Sandra is the Head of Privacy, Asia at London Stock Exchange Group (LSEG). She is a qualified lawyer based in Hong Kong with 20+ years’ experience focusing on litigation and legal risk management. She advises and implements data privacy strategies and practices for LSEG at a regional level in Asia. She and her team are involved in leading data privacy compliance programmes in Asia. She provides advice on matters relating to data privacy, data ethics, cyber risk, international data transfer, data privacy issues in merger and acquisition of data businesses, data protection agreements, privacy impact assessments on innovative products/services, cloud projects, etc. Sandra also sits on the International Association of Privacy Professionals Asia Advisory Board. Previously, she held a senior legal position in the Office of the Privacy Commissioner for Personal Data, Hong Kong SAR for over 10 years where she led a team of lawyers to provide legal and policy advice, prepare guidance, and handle legal and enforcement proceedings. She has also led projects on ordinance review, the consumer credit data code and international data transfer. Sandra holds a Master of Laws – LLM (Distinction), Comparative Law (City University of Hong Kong). She graduated from the University of Hong Kong (LLM (Hon), PCLL). Discussant: Ms Yan Luo Yan Luo advises clients on a broad range of regulatory matters in connection with data privacy, cybersecurity, antitrust and competition, as well as international trade laws in the United States, EU, and China. Yan has significant experience assisting multinational companies navigating the rapidly-evolving Chinese cybersecurity and data privacy rules. Her work includes high-stakes compliance advice on strategic issues such as data localization and cross border data transfer, as well as data protection advice in the context of strategic transactions. She also advises leading Chinese technology companies on global data governance issues and on compliance matters in major jurisdictions such as the European Union and the United States. Chair: Dr. Angela Zhang, Director of the Centre for Chinese Law at the University of Hong Kong

The 3rd Asia-Pacific Summit on Gender-based Violence
June 16-18, 2021 I Hong Kong I Live on Zoom








RECENT PUBLICATIONS
By James D. Fry, Bryane Michael and Natasha Pushkarna

Agility Over Stability: China’s Great Reversal in Regulating the Platform Economy
By Angela Zhang
Featured in the Economist, the Diplomat, Yahoo Finance and Hong Kong 01

Higher Education as a Luxury Good
By Haochen Sun

Having Your Day in Robot Court
By Benjamin Chen

The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law in International Arbitration
By Ali Shahla

By Xianchu Zhang

COMMENTARIES & INTERVIEWS
Hong Kong’s colonial past echoes in new police vetting powers, pro-Beijing heavyweights say, but election hurdles could mean few face them
By Albert Chen, Hualing Fu, Richard Cullen

Didi's failure to listen forces rewrite of Chinese tech listing rules
By Angela Zhang

National security law: scholars, legal experts warn ‘Liberate Hong Kong’ slogan ‘very risky’ in wake of secession conviction
By Albert Chen

UPCOMING EVENTS
CCL: Supervision of Personal Information Protection on Chinese Online Platforms

CCL: China’s Great Reversal in Regulating the Platform Economy


Wednesday, March 17, 2021

CCL's Equality Rights Project and Chinese NGOs Submit Report to the UN Committee on the Elimination of Discrimination against Women

The Equality Rights Project (under the Centre for Chinese Law) and two other Chinese NGOs jointly submitted a parallel report to the United Nations Committee on the Elimination of Discrimination against Women ahead of the adoption of the list of issues for the ninth periodic report of China at its 80th Pre-Session (which will be held in this March). The report covers only Mainland China. It refer to the Ninth Periodic Report of the State Party (SP) and the CEDAW Committee’s Concluding Observation (CO). The List of Issues are ordered according to the articles in CEDAW, together with the two issues that are addressed in Concluding Observation of 2014. The report was published in February 2021. To view the report, click here.

Sunday, January 17, 2021

CLC Newsletter December 2020

Highlights
Recent Activities
Selected Webinars
Hong Kong National Security Law Webinar Series
International Speaker Series on China’s Law & Economic Governance
 
Recent Publications 
Selected Books & Articles
 
Publications of New CCL Faculty Members
Media Articles & Interviews
                 
Upcoming Events 
International Speaker Series on China’s Law & Economic Governance
Other speakers in the Spring Semester include Rachel Stern (Berkeley Law School), Ben Liebman (Columbia Law School) and Neysun Mahboubi (Penn Law School). Stay tuned for additional events and details.  

Friday, March 30, 2018

Call for Papers: 11th East Asian Conference on Philosophy of Law @ HKU (13-14 Dec 2018)

11th East Asian Conference on Philosophy of Law
“Justice, Dignity and the Rule of Law”

*Call for Panels and Papers*


Faculty of Law, The University of Hong Kong 
13-14 December 2018

We are pleased to announce that the 11th East Asian Conference on Philosophy of Law will be held in Hong Kong on December 13-14, 2018, under the auspices of the University of Hong Kong’s Faculty of Law and its Centre for Chinese Law. The event is also part of the celebration of the 50th anniversary of the Faculty of Law of the University of Hong Kong. The overarching theme of the conference is “Justice, Dignity and the Rule of Law”.
     The East Asian Conference on Philosophy of Law has been held once every two years since 1996. The China University of Political Science and Law in Beijing hosted the 10th conference in 2016, and Hankuk University of Foreign Studies in Seoul hosted the 9th conference in 2014. The conferences provide a forum for dialogue among East Asian scholars of legal philosophy and other scholars interested in Asian legal philosophy. 
     The 11th Conference will be divided into plenary sessions and parallel sessions. We now invite proposals to present papers at the Conference.  A proposal to present a paper at the Conference should include the title and abstract of the paper. If you are interested in submitting a proposal for the conference, please note the following:
1.  The closing date for submission of proposals is 30 June 2018. 
2. The conference will be mainly in English and Chinese. Proposals to present papers at the Conference and panel proposals (mentioned below) should be written in English or Chinese. Oral presentations at the Conference should be in English or Chinese, except that (1) in panels formed (according to the procedure mentioned below) by Japanese or Korean scholars, the oral presentations may be in English, Japanese or Korean (scholars speaking in Japanese or Korean are strongly encouraged to provide a written English translation of their presentations); (2) interpretation will be provided for specially invited speakers at the plenary sessions who speak in Japanese or Korean (who will provide a written English translation of their speeches). 
3.  The proposed papers may relate to any aspect of philosophy of law or related fields, and need not be limited to the general theme of the conference (“Justice, Dignity and the Rule of Law”). 
4.  Every participant at the Conference (including paper presenters, and chairmen and discussants at the panels mentioned below who are not presenting papers themselves) should submit the ‘individual proposal form’. Paper presenters will make an oral presentation at the conference (approximately 15 minutes). Submission of full papers is welcomed but not required. 
5.  Proposals to form a panel at a parallel session are welcomed. Panel organisers should submit a ‘panel proposal form’. Panel members presenting papers at the panel should also submit ‘individual proposal forms’. The ‘panel proposal form’ should include the panel topic, the name of the chair and/or discussant, the names of the presenters of papers, and the title of each paper. The chair and discussant may also serve as a paper presenter. The same person may serve as both chair and discussant. 
6.  The conference registration fee is waived; however, participants who would like to join the conference dinner will be required to make a payment in advance. Conference participants are responsible for their own travel and accommodation expenses. A list of recommended hotels will be provided on the conference website. 
7.  Inquiries may be emailed to: shelbyc@hku.hk.
     The Conference will be an excellent opportunity for you to meet East Asian scholars of the philosophy of law to discuss topics of common interest. We hope you will be able to join us in Hong Kong!  To access the Conference website, click here.

Thursday, February 8, 2018

HKU's Centre for Chinese Law Launches New Website


We are delighted to announce the launch of the new website for the Centre for Chinese Law (CCL) of the HKU Faculty of Law: www.ccl.law.hku.hk. 
     In addition to providing a more user-friendly interface, the new website introduces new functions to provide useful information for those who are interested in Chinese law research. Visitors will find publications of HKU Law Faculty members in six cutting-edge areas of Chinese law research: ‘China and International Law’, ‘Hong Kong Law’, ‘IP & IT’, ‘Law/Development/Society in China’, ‘Legal History & Philosophy’, and ‘Mediation & Arbitration’. 
      The site hosts databases for four long-term projects (‘Anti-Domestic Violence in China’, ‘Equal Rights in China’, ‘Death Penalty in China’, and ‘Legal History’), plus ‘External Links’ to other useful resources in Chinese law research.  To reach out to the greater China area, our new site contains integrated buttons for two social media platforms in mainland China: ‘the CCL’ weixin public account and the ‘HKUCCL’ weibo account. The website also contains information on major Chinese law academic conferences and events in the greater China area to encourage interactions among academic communities in and outside the region. 
     We hope this new site and our social media platforms will serve as an important on-line hub for researchers in Chinese law research. You are most welcome to join our mailing list by using the subscription function at the bottom of the web page.
     For any questions or feedback, please e-mail us at: shelbyc@hku.hk. We wish you all a Happy Chinese New Year!

Thursday, December 21, 2017

New Issue: SSRN Legal Studies Research Paper Series (HKU)


Vol. 7, No. 10: Dec 19, 2017


1. Moving Forward on Listing Reform
Syren Johnstone, Department of Law, University of Hong Kong, Asian Institute of International Financial Law
Nigel Davis, University of Hong Kong
Douglas W. Arner, University of Hong Kong - Faculty of Law

2. Law School Productivity & Impact–Evidence from the Legal Scholarship Network
Ryan Whalen, The University of Hong Kong - Faculty of Law

3. The ICO Gold Rush: It's a Scam, It's a Bubble, It's a Super Challenge for Regulators
Dirk A. Zetzsche, ADA Chair in Financial Law / Inclusive Finance, University of Luxembourg, Heinrich Heine University Duesseldorf - Faculty of Law - Center for Business & Corporate Law (CBC)
Ross P. Buckley, University of New South Wales (UNSW) - Faculty of La
Douglas W. Arner, University of Hong Kong - Faculty of La
Linus Föhr, Research Assistant @ ADA Chair in Financial Law (inclusive finance)

4. 2016年香港立法会选举及宣誓风波法律评析———历史和比较法的视角 (A Legal Analysis of the 2016 Hong Kong Legislative Council Oath-Taking Controversy: A Historical and Comparative Perspective)
Han Zhu, Centre for Chinese Law, The University of Hong Kong Faculty of Law
Albert H. Y. Chen, The University of Hong Kong - Faculty of Law

5. The Developing Nature of Arbitration in Mainland China andIts Correlation with the Market: Institutional, Ad Hoc, and ForeignInstitutions Seated in Mainland China
Weixia Gu, University of Hong Kong - Faculty of Law

6. Judging in Europe: Do Legal Traditions Matter?
Angela Huyue Zhang, King's College London, The University of Hong Kong - Faculty of Law
Jingchen Liu, Columbia University
Nuno M. Garoupa, Texas A&M University School of Law, Catholic University of Portugal (UCP) - Católica Global School of Law

Tuesday, January 24, 2017

Jerome Cohen on China, Taiwan, Hong Kong and the ICCPR (Video of HKU Seminar)

Professor Jerome Cohen of NYU Law School and Faculty Director of the US-Asian Law Institute recently delivered a lecture at the Centre for Chinese Law, HKU Faculty of Law, on 12 January 2017. The lecture was chaired by Professor Cohen's former student, Cheng Chan Yue Professor in Constitutional Law, Professor Albert Chen.  The abstract for the speech is as follows:
On the 50th anniversary of the creation of the International Covenant on Civil and Political Rights, I will discuss China’s relevance to the UN’s quest for universal ratification of this major human rights treaty. In view of the ICCPR’s guarantees of freedoms of expression and religion, the restrictions that it imposes on the power of governments to punish people arbitrarily, and its strong support for the right to self-determination of all peoples, why did the People’s Republic sign the Covenant in 1998? Why then has it failed to ratify the ICCPR and what are the prospects? I will compare Beijing’s record with the very different position of the Republic of China on Taiwan and also refer to the unusual situation of Hong Kong (and Macao), a special administrative region of the People’s Republic that is protected by the ICCPR even in the absence of ratification by the central government.

Wednesday, May 25, 2016

HKU Law Hosts Belt/Road Rule of Law International Conference (3 June 2016)





Conference
International Governance and Rule of Law in China under the One Belt One Road Initiative

Date: 3 June 2016 (Friday)
Venue: 11/F, Cheng Yu Tung Tower, The University of Hong Kong

Opening at: 9:00

Session 1 (9:15-10:45) 
Theme: Convergence of International Rules under the One Belt One Road Initiative
Moderator: Dr. Michael Ng, HKU

1. Does the OBOR Initiative Need a Legal Framework?
Prof. John Mo, Faculty of Law, University of Macau

2. OBOR and International Law: A Perspective from International Public Goods
Prof. Shi Jingxia, School of Law, University of International Business and Economics

3. The Integration of New Rules with Existing Rules in the One Belt and One Road Initiative
Prof. Zhao Jun, Guanghua Law School, Zhejiang University

4. One Belt, One Road, and Three Conceptions of Sovereignty
Dr. Samuli Seppänen, Faculty of Law, Chinese University of Hong Kong 

Session 2 (11:00-12:30)
Theme: International Trade Law and China
Moderator: Dr. Marcelo Thompson, HKU

1. “One Belt One Road” Initiative and the Jurisprudence of Trade Agreement
Prof. Jaemin Lee, School of Law, Seoul National University, Korea

2. “Belt & Road”-Related IPR Customs Enforcement: China-EAEU, China-EU Cooperation
Prof. Zhang Naigen, School of Law, Fudan University

3. Anti-Monopoly Law in China-The Latest Developments in Administrative and Private Enforcement
Ms. Sarah Wersberg, Julius-Maximilians-Universität Würzburg

4. China’s One Belt, One Road Initiative: Co-operation in Trade Liberalisation and Antitrust Enforcement
Mr. Kelvin Kwok, Faculty of Law, The University of Hong Kong 

Session 3 (13:30-14:45)
Theme: International Investment Law, Financial Law and China’s Contribution
Moderator: Ms. Ji Lian Yap, HKU

1. Is the One Belt One Road Initiative a New Bit to China’s BIT Law Regime?
Prof. Shen Wei, School of Law, Shandong University

2. ASEAN Financial Integration and ‘One Belt, One Road’: Legal Challenges and Opportunities to Chinese Banks in Southeast Asia
Dr. Christopher Chen Chao-hung, School of Law, Singapore Management University

3. A Prognostic View on the Applicable Law for AIIB’s Loan Agreements
Dr. Peng Yue, School of Law, Nanjing University 

Session 4 (15:00-16:15)
Theme: Development of Other International Laws: Labour, Environment and Space Cooperation
Moderator: Prof. Anne Cheung, HKU

1. Transnational Labour Governance and the Belt and Road Initiative
Dr. Chen Yifeng, School of Law, Peking University

2. The Role of Environmental Impact Assessment in the Governance of Nu-Salween River: A Comparative Study of the Chinese and Burmese Approaches
Prof. Bian Yongmin, School of Law, University of International Business and Economics

3. The Role of Regional Space Cooperation in Procuring Space Security in the Asia-Pacific Region: A Prospect for Future?
Prof. Zhao Yun, Faculty of Law, University of Hong Kong 

Session 5 (16:30-18:00)
Theme: Development of International Dispute Resolution
Moderator: Mr. Gary Meggitt, HKU

1. Is Arbitration a Legitimate Way to Resolve the South China Sea Dispute?: A Commentary on the Jurisdiction of the Sino-Philippine South China Sea Arbitration
Dr. Gu Junfeng, School of Law, Shantou University

2. Analysis of International Civil Dispute Resolution Model in East Asia
Dr. Chai Yuhong, School of Law, Lanzhou University

3. Public Policy and Harmonization in International Commercial Arbitration: The Asian Context under “One Belt, One Road”
Dr. Gu Weixia, Faculty of Law, University of Hong Kong

4. The Establishment of the International Trade Dispute Settlement Mechanism under the “One Belt One Road” Initiative
Mr. Jiang Shengli, School of International Law, East China University of Political Science and Law 

Closing at: 18:00 

ALL ARE WELCOME
Registration: www.law.hku.hk (Seminars & Conferences) or Click Here
Enquiries: Ms. Shelby Chan (shelbyc@hku.hk)

Sunday, January 31, 2016

Susan Finder on WeChat Risks and Opportunities

"What you should know about heading a WeChat group"
Susan Finder
South China Morning Post
25 January 2016
WeChat has become an extremely popular way for people in the mainland to communicate, and people (and companies) in Hong Kong use it to reach out to mainland friends and the mainland market.
     A small reminder to those whose names are registered with WeChat: there have been a number of reported criminal cases in which heads of WeChat groups have been prosecuted, although none so far involve people from Hong Kong or people posting on WeChat from Hong Kong. Setting aside the complicated questions of cross-border criminal liability – which require close examination – let’s look at what is set out in the mainland Criminal Law and some recent court reports.
     Users posting on WeChat have been prosecuted under various Criminal Law articles. Some heading a WeChat group have been prosecuted under Article 364 of the Criminal Law, and its related judicial interpretation by the Supreme People’s Court and Procuratorate, punishing the dissemination of obscene materials... Click here to read the article.

Susan Finder
Supreme People's Court Monitor (blog)
31 January 2016
Wechat, as most people with an interest in China know, has become the preferred form of social media in China. The legal community in China has taken to it too. 
     Some are official accounts of government entities, including the courts and others are public accounts (公众账号) established by companies, law firms, individuals, and other organizations. Ir Each has its benefits for the user located outside of China. 
     To access these public accounts, it does not matter where in the world you are located, but you need a smart phone to install the Wechat app. The accounts can be accessed through “search official accounts” or “Add contacts” and typing in either the Wechat ID or the name of the account. The accounts can also be accessed through computer or table as well, by searching for the account in question. 
     The official government accounts enable the user to keep current on the issues and latest government position in that area of law–new policy, new legislation, and new reforms. The Supreme People’s Court, for example, has one, as does the Supreme People’s Procuratorate, as well as their local counterparts. 
     Another category is the less official public accounts. Some are affiliated with official organizations, while others are not, while others are in a grey area. The writing tends to be aimed at the professional, with less bureaucratic language. Some accounts are aimed at practicing lawyers, more focused on civil and commercial law than criminal law or administrative law, but both can be found. Some accounts publish writings by the account holder, while others accept articles submitted by followers. One very popular type of article is one that reviews the law and cases in a particular area of law... Click here to read the article.  Susan Finder is a Visiting Fellow of the Centre for Chinese Law.

Wednesday, November 11, 2015

Susan Finder Writes on the People's Liberation Army under the Law

"Ruling the PLA According to Law: An Oxymoron?"
Susan Finder
China Brief
Vol. 15, Issue 21, 2 November 2015
One of the least transparent and least understood parts of Xi Jinping’s program to “rule the country according to law,” announced in October, 2014, is the creation of a body of military law with Chinese characteristics. Is it any more than the slogan of “Ruling the Military According to Law and Ruling the Military Strictly” (依法治军从严治军)? This article will answer that question and describe what is known about the reforms thus far.
     For over ten years, within the confines of academic discourse, Chinese military legal officials—serving and retired—have pointed out weaknesses in Chinese military law. As they describe the current military legal framework, military law and military legal institutions are isolated from their civilian counterparts, legislation underpinning basic military legal institutions is missing, commanders think their word is law, and military courts and prosecutors lack professional autonomy and security. [1] These concerns remained the subject of academic discussion until late 2013. [2]
     The high level policy decision to modernize military law was first flagged by the Central Committee of the Communist Party during the Third Plenum in 2013, in the Decision On Several Major Issues Of Deepening Reform (中共中央关于全面深化改革若干重大改革的决定). The Central Committee set out more details concerning its policies for military law reforms during the Fourth Plenum in October, 2014 in the Decision Concerning Several Major Issues in Comprehensively Advancing Governance According to Law (中共中央关于全面推进依法治国若干重大问题的决定) (Beijing Morning Post, October 29, 2014; Xinhua, October 28, 2014). In the Fourth Plenum Decision, the Party highlighted the importance of creating a complete body of military law with Chinese characteristics and stressing the Communist Party’s absolute leadership over the Army as a core and fundamental requirement for ruling the military according to the law. The Decision additionally called for the overhaul of all aspects of military law, as well as educating officers and soldiers that following the law is part of the new normal in the PLA (Xinhua, November 15, 2013)... Click here to read the full article.  Susan Finder is Adjunct Professor in the Faculty of Law and Editor of the Supreme People's Court Monitor blog.

Tuesday, October 13, 2015

Susan Finder on China Domestic Violence and US-China Cooperation on Judicial Reform

"Why Hong Kong must point out failings of mainland's draft law on domestic violence"
Susan Finder (Adjunct Professor)
South China Morning Post
13 October 2015
The tragedy of an injured and malnourished seven-year-old girl from a cross-border family dramatically highlights why Hong Kong needs to express its views on a draft anti-domestic violence law issued by the National People's Congress Standing Committee last month for public comments.
      Hong Kong is affected by such legislation because many of the domestic violence cases that occur in the city are found in cross-border families. According to a study in Shenzhen, 55 per cent of Shenzhen families have experienced domestic violence, though it is unclear how many of those families have children who study here in Hong Kong. Many of the domestic violence issues the city faces are also prevalent on the mainland.
     Hong Kong has a great deal of expertise in such issues against the backdrop of a multi-ethnic, primarily Chinese society. The city's organisations concerned with children, women, the elderly and ethnic minorities should work with the Law Society or volunteer lawyers to submit comments on the draft legislation, because domestic violence experts who have worked with mainland authorities on improving enforcement have described the draft as disappointing.
     Inadequacies with the draft include the following.... Click here to read the article.

Susan Finder (Adjunct Professor)
Supreme People's Court Monitor Blog
13 October 2015
One of the lesser known outcomes of Xi Jinping's trip to the United States is the commitment by the United States government to work with China on judicial reform. 
     The official White House press release (mirrored in statements by the Chinese Ministry of Foreign Affairs) states: 
the United States and China commit to conduct high-level and expert discussions commencing in early 2016 to provide a forum to support and exchange views on judicial reform and identify and evaluate the challenges and strategies in implementing the rule of law. U.S. participants are to include leading members of the U.S. judiciary, U.S. government legal policy experts, and officials from the Departments of Commerce and Justice and the Office of the United States Trade Representative. Chinese participants are to include officials from the Central Leading Group on Judicial Reform, leading members of the Chinese judiciary, and Chinese government legal policy experts. This dialogue is to result in an improvement in the transparency and predictability of the business environment. This dialogue does not replace, duplicate or weaken existing regular bilateral legal and human rights dialogues between the United States and China. 
This statement deserves more attention from the legal community than it has received so far. Some brief comments below... Click here to read the full article.

Saturday, October 10, 2015

New Updates on Chinese Courts (Susan Finder)

"Judge Xi Xiaoming and his vanishing assets"
7 October 2015
Although Chinese judicial reforms include establishing a trial-centered judicial system that provides better protection for human rights (including property rights), under Party disciplinary regulations senior Party officials (such as former Supreme People’s Court Vice President Xi Xiaoming, subject of an earlier blogpost), often have property confiscated or other property punishments imposed at the conclusion of Party disciplinary proceedings. This means that confiscation of assets occurs before an official’s case is transferred to the procuracy and heard by the courts. According to the official statementon the disposition of Judge Xi’s case:
(He) was ordered to make restitution of certain amounts that were in violation of discipline;the issues related to his suspected crimes and related amounts are transferred to the judicial organs for handing.责令退赔违纪款;将其涉嫌犯罪问题及涉款物移送司法机关依法处理.
The wording is similar to official statements issued in relation to other senior officials investigated by the CCDI and the same language is to be found in reports on the dispositions of local Communist Party disciplinary investigations... Click here to read the full post.

3 October 2015
Buried in the depths of documents issued in the course of this year are the outlines of the way the Supreme People’s Court (Court) intends to create a corps of judges in which litigants, domestic and foreign, have faith will provide justice. The many measures set out in the 4th Five Year Judicial Reform Plan raise the competency bar for judges. A more litigious and rights conscious public, the increasingly complex economy and greater number of cross-border transactions and interaction, as well as smaller number of judges to hear more cases means that judicial training is an important part of of preparing Chinese judges for the new normal.
      The broad outlines of the Court’s plans for judicial training are set out in the following documents:
  • the Court’s latest 5 Year Training Plan, for 2015-2019, issued in June, the framework document;
  • the September 17, 2015 Communist Party Central Committee/State Council document on the open economy, calling for improving foreign-related competence in the judiciary; and
  • the September 25 White House press release, in which the United States and China commit to conduct high-level and expert discussions commencing in early 2016 to provide a forum to support and exchange views on judicial reform and identify and evaluate the challenges and strategies in implementing the rule of law.
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     Susan Finder is a Visiting Fellow in the Centre for Chinese Law and an Adjunct Professor in the Faculty of Law in the fall semester 2015.  She recently spoke at the European China Law Studies Association's 10th Annual Conference held at the University of Cologne, Germany, on 26 September 2015.  She spoke on 'Assessing China's Court Reforms after One Year' in the panel on Chinese Courts and Recent Judicial Reforms.  She will also be speaking on the rule of law and criminal justice/fair trials at the one-day Symposium on Rule of Law and the Magna Carta on 16 October 2015, to be held at Guangzhou University, sponsored by the British Consulate.