RENMIN LAW SCHOOL DELEGATION ANNOUNCED ＂ANNUAL REPORT ON THE LEGAL DEVELOPMENT IN CHINA＂ IN THE U.S. AND GAVE SPEECHES IN PHILADELPHIA AND WASHINTON DC

Renmin University of China Law School delegation went the U.S. in April 2014 and participated in a one-day conference in Philadelphia held by the University of Pennsylvania （UPenn） Law School and a half-day seminar in Washington DC held jointly by the American Bar Association Rule of Law Initiative （ABA ROLI）and UPenn Law School. The delegation is composed of Professor Han Danyuan, Dean of the Renmin Law School, Professor Zhu Jingwen, Chair of the Academic Committee, Professor He Jiahong, Director of Evidence Law Research Center, Professor Shi Yan＇an, the Vice Dean of the Renmin Law School, Associate Professor Lu Haina, Director of Human Rights Program, and Ms. Xu Fei, Project coordinator of the Intemational Office.     

THE SECOND SESSION OF THE EDITORIAL BOARD OF FRONTIERS OF LAW IN CHINA

The 2nd Session of the Editorial Board of Frontiers of Law in China （FLC） was held in Renmin University Law Building on May 23, 2014. Editorial members talked about new changes, current challenges and the future development of FLC.     

REPORT ON THE INTERNATIONAL CONFERENCE ON CHINA-FRENCH CONSTITUTIONAL REVIEW IN 2013

5-6 November 2013, the International Conference on China--French Constitutional Review took place at the Mingde Law Building, Renmin University of China. The academic conference was host by the Law School of Renmin University, the Institution of Constitutional Law in China, the Institution of Constitutional Law in France and the Law School of Aix - Marseille University. More than 50 constitutional scholars from Aix - Marseille University, University Montesquieu - Bordeaux IV, Aix Political College, Peking University, Tsinghua University, Renmin University of China etc. attended this symposium. This report summarizes some of the arguments and results presented, and offers some review and reflection on the contents.     

A COMMON LAW-LIKE CIVIL LAW AND A PUBLIC FACE FOR PRIVATE LAW： CHINA＇S TORT LAW RENMIN UNIVERSITY INTERNATIONAL VIRTUAL WORKSHOP SERIES （2014）

On June 19, 2014, the third Renmin University International Virtual Workshop （RUIVW） was held at Renmin Law School. Professor Jacques deLisle from Pennsylvania Law School gave a talk based on his recent work on Chinese tort law -- A Common Law-like Civil Law and a Public Face for Private Law China＇s Tort Law in Comparative Perspective.1 The article illustrates two characteristics of China＇s tort law： First it has been influenced by common law and, second it contains public law elements.     

THE OVERVIEW ON THE UK-CHINA CONFERENCE ON PUBLIC LAW

Renmin University of China hosted the first ＂＇UK-China Conference on Public Law＂ on 2-6 September, 2013. The conference was a collaboration between Renmin University of China, Oxford University, University College of London （UCL）, China Association of Constitutional Law, and the United Kingdom Constitutional Law Group. The conference was eo-organised by Nick Barber from Oxford University, Jeff King from UCL, Han Dayuan from Renmin University and Li Ruiyi from Nankai University. It was partly sponsored by multinational law firm Clifford Chance. More than 50 Chinese and British academics participated. A range of topics was covered including the position of soft law and conventions in constitutions, constitutional structure, the rule of law, judicial independence, protection of human rights, interaction between welfare states and the rule of law, and the role of the court and the judge in regulating administration. Chinese and UK academics of public law actively participated in discussions. The conference marked an unprecedented communication and exchange on constitutionalism between Chinese and British scholars.     

RENMIN UNIVERSITY INTERNATIONAL VIRTUAL WORKSHOP SERIES （REVIEW 2014） ON ZHANG TAISU AND HIS NEW CULTURAL PERSPECTIVE ON CHINA＇S ECONOMIC DECLINE IN SEVENTEENTH CENTURY

On 25 April 2014, the second Renmin University International Virtual Workshop （RUIVW）, also the inaugural Renmin-Duke Law Workshop, was held in the Renmin Law School. Professor Zhang Taisu from Duke Law School delivered a talk based on his latest work ＂Kinship, Property, and Agricultural Capitalism in Pre-Industrial China and England.＂ By comparing the two types of land transactions, the dian in China and the mortgage in England, Zhang analyzed the cultural norms leading to the differences of the above property rights and its influence on China＇s macroeconomic decline （referred to ＂decline＂）. Scholar participants spoke highly of Zhang＇s work and raised several questions on it. Gao Yangguang emphasized on the distinguished differences between the psychological needs of social groups behind the above property rights and therefore doubted their comparability in this regard. Guo Rui, the host of this workshop, commented on Zhang＇s work from company law perspective. Jiang Dong discussed the definition of ＂capitalism＂ and its role in the causation to decline. Xiong Bingwan put forward another prospective sub-connections between cultural norms and economic outcomes. You Chenjun suggested evaluation the decline from social functions of the property transactions beyond the economic level by giving the example of tan qi, a unique kind of contract in Ming and Qing China. Pan Weijiang, from Beihang University Law School, compared the concept culture in Zhang＇s work to ＂social structure＂ and suggested more explanation for the impact of the Confucian on it.     

The relationship between law and morality

Law and morality can be considered as two competing groups among varied and sophisticated social phenomena. Both law and morality serve as norms of human behavior and fall in the category of values for maintaining social welfare. The study was based mainly on a review of the relevant literature and the compiling of available information on law and morality. This paper argues that law and morality are closely related yet distinct.     

The extension of territorial waters

The oceans once belonged to everyone and to no one. Freedom of the seas served the world well for ages. But this anarchic principle is now hopelessly inadequate given the present environmental crisis involving massive water pollution and widespread extinction of marine species. The U.N. Convention on the Law of the Sea （UNCLOS） is all bark and no bite. Other international organizations are similarly ineffective including the International Whaling Commission, International Maritime Organization, and the International Seabed Authority. And regional bodies such as the International Commission for the Conservation of Atlantic Tunas and the Antarctic Treaty System are not much better. So, at least temporarily, it is up to coastal nations to police the waters of the world. The United States, as a superpower, should lead the way. The unilateral extension of U.S. territorial waters will enhance the prospects not only for environmental protection but also economic development and national security. It will also encourage other nations to do the same.     

MARRIAGE LAW AND CONFUCIAN ETHICS IN THE QING DYNASTY

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 worm where the right to live and the balance between right and duty had been always prioritized.     

CHINA＇S LATEST MARRIAGE LAW AMENDMENT AND FAMILY PROPERTY： TRADITION AND MODERNITY

China＇s latest Marriage Law amendment illustrates how tradition contributes to China＇s modernity. Traditionally, a house was a necessity for a marriage in China. This is because in ancient China, marriage secured the continuation of the family line and provision for ancestors. In modern China, the one child policy and soaring housing prices collectively force the ＂three families＂ to buy a house for the new couple. However, what happens when the couple divorces？ Shall the house then be considered community property？ The 2011 Judicial Interpretation of the Supreme People ＂s Court of Several Issues on the Application of the Marriage Law of the People＇s Republic of China, provides that where real estate is purchased by the parents of one party, and after the party＇s marriage is registered under the party＇s name, such real estate shall be deemed as a gift given by the parents to the party and the party＇s personal property. This interpretation represents a compromise between tradition and modernity.
The article will firstly introduce the marriage system in ancient China, illustrating that under the doctrine ofli, the real purpose of marriage was to be a bond of love between two （families of differenO surnames. Retrospectively, this secured observance of ancestral rituals in the ancestral temple, and prospectively, continuation of the family line. The house was a necessity for marriage because one of the six ceremonies required for marriage under li was the procession, and then welcome of the bride at the groom ＂s home. （Other ceremonies involved a matchmaker securing a proposal, matching auspicious birthdates, exchanging gifts between the bride＇s and groom＇s families, setting an auspicious wedding date, honoring ancestors and deities, and having an elaborate banquet）.
The article will then analyze the marriage law in the of Republic of China, in which even the post-dynasty marriage law adopted the western marriage system, the strong resistance of the old tradition forced the law-     

Environmental Governance and Sustainability

The Seventh Annual Colloquium of the IUCN Academy of Environmental Law will focus on the area of Environmental Governance and Sustainability. This theme provides an opportunity to examine the issues of international, national, sub-national and local environmental governance in the context of the promotion of environmental, social/cultural and economic sustainability. Proposed sessions include：     

THE EXISTENCE OF LAW NUMBER 23 YEAR 2002 ON CHILD PROTECTION

The increase number of street children that resulted in the disturbance of sense of justice, and humanity value in society as they have become ideal value stipulated in the preamble of 1945 UUD NKRI that state has obligation to protect its citizen, as it is also regulates in Part 4 UUD 1945 preamble. The increase number of street children indicates shifting function of state, which in the theory recognized function of state to provide protection toward all citizen including street children. The increase number of street children also indicates that state has ignored its duty to provide legal protection toward citizen yet also street children. Meanwhile, Law No. 23 year 2002 on children protection only regulates the general term of children protection and it still lacks of rules and concept of street children protection in the specific way as a basis to provide legal protection toward street children. The result of this research show that Law No. 23 year 2002 on children protection did not specifically accomodate the practice of legal protection on street children. This condition due to the process of Law on Children Protection drafting process are the issues of general term of children protection, education issue, economic issue, monetery crisis, poverty issue, political issue and street children issue. However until now, the issue relates to street children has increased qualitatively and quantitatively because Indonesia still regarding the issue of street children is an unfamous issue to discuss seriously and the fund to solve the problem of street children is incomparable to the economic oriented demand, meanwhile street children are children that have special needs that require attention and proper specific protection supported with specific regulation that regulates in Law No. 23 year 2002 in children protection as children with special needs.     

CHINA LAW DEVELOPMENT REPORT 2012： PROFESSIONALIZATION OF CHINA＇S LEGAL WORKERS

“China Law Development Report 2012： Professionalization of China ‘s Legal Workers” publishing conference was held on 4 May 2013, in Beijing. This is the fourth report on China Law Development published by Renmin University of China, following Report 2007 on database and indicators, Report 2010 on law-making, and Report 2011 on law-enforcement, Report 2012 focuses on the following aspects according to professor ZHU Jingwen, chief editor of the report.     

REVIEW OF THE 7TH NATIONAL MEMBERS＇ CONGRESS OF CHINA＇ S LAW SOCIETY

From November 29 to 30, 2013, the 7th National Members＇ Congress of China Law Society was held in Beijing. The leaders of the Cortmmnist Party of China （CPC）, Xi Jinping, Zhang Dejiang,     

LEGAL ORDER WITHOUT WRITTEN TEXT IN THE SOUTHEAST OF GUIZHOU PROVINCE,CHINA: BOOK REVIEW ON THE PRIMARY LAW (IN CHINESE)

Xiaoguang Xu 徐晓光, 原生的法:黔东南苗族侗族地区的法人类学调查 (The Primary Law—Investigation of Legal Anthropology in the Districts of Miao and Dong Minorities in the Southeast of Guizhou Province, China). Beijing: China University of Political Science and Law Press, 2010. ISBN: 9787562035916. 348 pp.￥28.00 (paperback, in Chinese).     

PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE

Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.     

REHABILITATION POLICY IN THE LEGAL PROTECTION OF CHILD AND RAPED WOMEN AS VICTIMS

The research focused on identifying the rules or norms of positive law, relating to Article 64 paragraph （3） letter a of Act No.23 of 2002 carried through rehabilitation efforts, both within the institution and outside the institution. The treatment between the rights of offenders and the rights of victims is equal in the criminal justice system. Positive in criminal law today is more emphasis on the protection of non-physical rehabilitation of order been done ＂in abstracto＂ or indirectly acoords legal system in Indonesia embraces the Civil Law svstem,     

EGYPT＇S PUBLIC PROTEST LAW 2013： A BOOST TO FREEDOM OR A FURTHER RESTRICTION？

On November 24, 2013, Egypt＇s signed into law - the Public Protest interim President Adly Mansour Law after it was proposed by the interim government, and soon it became the main concern in Egypt due to claim that after the ousting of President Mohamed Morsi and of the Muslim Brotherhood, the country is currently ruled by a military-backed government that seeks to restrict freedom and rights in order to introduce a new authoritarian-military rule. The government promoted the law by arguing that it aims to maintain stability and security in Egypt＇s streets and that it only targets factional protest movements and saboteurs. Nevertheless, the law has been widely criticized by human rights groups as well as rights and political activists who say it restricts freedom of speech and that it is an attempt to completely ban the right to protest, not to regulate it as the government claims.     

Notes for Submissions

Frontiers of Law in China （FLC） is a scholarly journal （quarterly）, launched in 2006, presently co-published by Higher Education Press and Thomson Reuters. The editorial welcomes articles from scholars, researchers, legal practitioners, and postgraduates in the field of law who are interested in Chinese law and comparative law between China and other countries, and the related legal issues that explore the significance of the contemporary reform of Chinese law and Chinese legal system.