GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE ENCOUNTER： HOW DUNCAN KENNEDYAND CHINESE LEGAL SCHOLARS VIEW LEGAL TRANSPLANTS AND THE RULE OF LAW -- A COMMENTARY ON THE HARVARD-RENMIN VIRTUAL WORKSHOP ON DUNCAN KENNEDY＇S THREE GLOBALIZATIONS OF LAW AND LEGAL THOUGHT

Concerned about China＇s future, a panel of Chinese legal scholars invited Professor Duncan Kennedy to discuss legal transplants and the rule of law. This commentary contextualizes their ideas and concerns and aims to clarify some concepts and arguments that underlay their discussion. At times though using the same words the participants were talking about different things. By legal transplants, the Chinese scholars were initially speaking of specle laws, while Duncan Kennedy was referring to legal thought. By law being political, Duncan Kennedy largely meant the distributive and discretionary nature of adjudication, while the Chinese participants were criticizing the interference by the Party and the government with judicial practice. Yet through this encounter, much was exchanged and debated. Regarding the triggers of legal transplants, the Chinese participants emphasized the law＇s quality and the donor＇s power, while Duncan Kennedy was more interested in chance and the recipient＇s strategy. Among the multiple ways of defining the rule of law, both sides agreed that it should be an institutional framework within which an independent judiciary checks the executive power. Nonetheless, each side had their own hopes and reservations on how this institutional framework can enable judges to faithfully apply the law.     

Imagining the law and the constitution of societal order in Los Angeles Police Chief William Parker＇s 1965 ＂Crime and the Great Society＂ address

Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the ＂law and literature＂ movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White＇s theories. However, this essay takes White＇s concept of imagining the law and applies it public address and, specifically, to the 1965 ＂Crime and the Great Society＂ speech given by former Los Angeles Police Chief William Parker. Chief Parker＇s address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement＇s role in society.     

Catalogue of National Laws,Regulations, Judicial Interpretations and Departmental Rules （September-October 2010）

Laws Adopted by the Standing Committee of the National People＇s Congress of the People＇s Republic of China
Social Insurance Law of the People＇s Republic of China （Adopted at the 17th session of the Standing Committee of the 11th National People＇s Congress on October 28, 2010, enacted by Decree No. 35 of the President of the People＇s Republic of China on October 28, 2010, and effective as of July 1, 2011）     

Protecting the procedural rights of victim

Criminal procedure law of the People＇s Republic of China prescribed victim the status of procedure, and gave them more procedural rights. But it＇s insufficient. It＇s important to give them more procedural rights, e.g. right of appeal.     

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-     

Catalogue of National Laws,Regulations, Judicial Interpretations and Departmental Rules （March - April 2009）

Laws Adopted by the Standing Committee of the National People＇s Congress of the People＇s Republic of China Resolution of the 2nd Session of the 11th National People＇s Congress on the implementation of the National Economic and Social Development Plan for 2008 and on the National Economic and Social Development Plan for 2009 （Adopted at the 2nd session of the 11 th National People＇s Congress - NPC - on March 13, 2009）     

Impact of the popular legal participation on forced confessions and wrongful convictions in Japan＇s bureaucratic courtroom： A cross-national analysis in the U.S. and Japan

The interrogation and lengthy detention of the accused by Japan＇s police and prosecutors without access to legal counsel has generated many forced confessions in Japan＇s criminal court. As results, past research estimated that a large number of innocent people have been falsely convicted, and some of them were even executed for crimes they have not committed. Since almost all of indicted cases result in convictions in Japan＇s criminal court, allegations of wrongful convictions have raised serious human rights issues, and the use of forced confessions in criminal proceedings has long been criticized by families of the accused, their attorneys, legal scholars, citizen activists, and international human rights groups. This paper examines whether or not the 2009 introduction of the Saiban-in Saiban （the quasi-jury trial）, where ordinary citizens deliberate together with Japan＇s bureaucratic judges, helps prevent instances of wrongful convictions. As Japan＇s high conviction rate has substantiated that the Japanese court may be another bureaucratic system that is more interested in preserving its own authority and maintaining the status quo, the infusion of non-bureaucratic legal participants into the traditional judicial process may create the potential to alter the nature of trial processes, the quality of deliberations, and thus ultimate outcomes of criminal trials. Based on interviews and survey responses from Japan＇s grand jury （i.e., Kensatsu Shinsa-kai, or prosecutorial review commission （PRC）） participants and American citizens who served in jury trials, the paper explores the ways in which civic participation in criminal processes may affect the quality of legal decision making in Japan＇s criminal court.     

LEGAL EDUCATION IN CHINA： ACHIEVEMENTS,PROBLEMS AND THE FUTURE （1949-2013）

China＇s legal education had been experiencing a rather tough way of growing up after founding of PRC and did has achieved some achievements in the early days, but the following destruction period of nearly 20 years almost ruined all of them. Since the reform and opening up, China＇s legal education had been rapidly recovering and developing, there had been an unprecedented thriving scene. After constantly summing up experience, reforming and adjustment, China＇s legal education gradually stepped into independent and scientific development mode. But with the same time, behind the prosperity scene, China＇s legal education is problematic both in quantity and in quality. In quantity, the biggest problem of china＇s legal education is its imbalanced development, lies both in regional distribution and in their charging authorities. In quality, there are four serious problems which affect its healthy development： lack of professional education idea; lack of elite education idea; lack of legal ethics education and lack of professional skill education. In the future, China＇s legal education should put more efforts on resolving these problems, that is to say, more efforts should be put on the quantitative balance. Meanwhile, concerning its quality, measures will have to be taken for bringing it back to the essential attributes of legal education, only by so doing can China＇s legal education be incorporated into the mainstream of global legal education culture     

THE ROLE OF THE NATIONAL JUDGE IN EUROPEAN STATE AIDS SECTOR

The article analyses the role and powers of the national judge in the context of State Aids litigation in light of the EU Commission＇s policy adopted in 2009. By analysing the EU Commission＇s policy designed to stimulate the interest of privates to claim judicial protection in front of the national Judge and the judgements of the European Court of Justice, the paper illustrates benefit and problems arising from the enforcement of EU Law in the domestic courts. The paper is focused on the role of the national judge in European state aids sector analyzing the state aids from the national Judge＇s perspective. It is highlighted that the judicial tools are available for the national judge to address the EU Commission and the EU Courts in order to receive support, if needed. Considering that the national Judge cannot analyse State aid＇s compatibility with the EU market-- because this competence belongs only to the EU Commission--it is of the outmost importance that the national judiciary is aware of its role. The EU jurisprudence illustrates that control of legitimacy operated by the Commission and the formal control operated by the national Judge are separate, but complementary to each other. The intervention of the national Judge is to reduce the anti-competitive effect of illegal supports supplied. The role of the national Judge appears very large as he enjoys some precautionary duties--such as the interruption of the aid＇s allocation and the revocation of it--and some curative duties--as the compensation for damages condemning the Member State or the beneficiary.     

THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA

This paper explains why Schopenhauer＇s ＂Hedgehog Dilemma＂ may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media＇s role representing the public and the court＇s role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China ＇s highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy.     

What is Direction of China＇s Higher Legal Education （Ⅲ）

（Continued）（I） Concepts Legal professions can be divided into those in the broad sense and those in the narrow sense. Legal professions in the narrow sense refer to the professions of adjudication, prosecution, lawyering and so on, with the obtainment of a Certificate of the Legal Profession Qualifications after passing the National Judicial Examination as the basic premise for taking a legal profession. In comparison, legal professions in the broad sense refer to all social professions with legal work as the core,     

STATE＇S CONTROL AND TENURE ARRANGEMENT OVER FIXED OBJECTS DUTCH CITIZENS PRIVATE PROPERTY FOR THE WELFARE OF THE PEOPLE： THE CASE OF INDONESIA

Indonesia had been colonized by Dutch Government for more than 300 years. Posterior to Indonesia independent proclamation on August 17, 1945 there was a number of State＇s legal problems found and one of them is the control and tenure arrangement of private property that left by Dutch citizens in the country of Indonesia. Specific purpose of the paper is to criticize the existence of Act Number 3 PRP Year 1960 regarding the Tenure Arrangements Fixed Objects Dutch Citizens Private Property that has reflected a sense of unjust, uncertainty and inexpedience for the greatest number of Indonesian people. It is because the Act of 1960 defines inconsistency between Article 4, paragraph （2） with general explanations Article 1 Government Regulation of the Republic of Indonesia Number 223 of 1961. It also set the terms of priorities to obtain fixed objects belonging to individual citizens Dutch not in accordance with the principle of equality before the law. Legal implications arising from control and tenure arrangements of objects and equipment owned by a Dutch individual are a problem that occurs in the received ground objects P3MB. To implement the control arrangements of objects and equipment owned by a Dutch individual that reflects a sense of fairness, certainty and benefit to society by applying the concept of 3 in 1 in the Land Acquisition： Acquisition of land objects P3MB for laws subject.     

THE ACT OF THE PEOPLE＇S REPUBLIC OF CHINA ADDRESSING CLIMATE CHANGE （ THE DRAFT PROPOSAL） I. THE INTERPRETATION OF THE PEOPLE＇S REPUBLIC OF CHINA＇S ACTIONS ADDRESSING CLIMATE CHANGE

I. The Necessity of Legislation. -- As the largest developing country, China has the most greenhouse gas emissions in the world. Therefore, the world, including America, pays close attention to China＇s policies regarding the control of greenhouse gas emissions. Considering the continuous growth of global warming, China＇s policies for controlling greenhouse gas emissions should be consistent and ruled by law. So it is necessary to enhance the establishment of laws and systems for standardizing settlement.     

THE EVOLUTION AND THE LATEST DEVELOPMENTS OF CHINESE CONFLICTS LAW FOR TORTS

The legislation of choice-of-law rules for torts has a long history in China. General Principles of the Civil Law of the People＇s Republic of China of 1986 （GPCL）, Maritime Act of the People＇s Republic of China of 1992 （Maritime Act） and Act of the People＇s Republic of China on Civil Aviation of 1995 （Civil Aviation Act）provide respectively the choice-of-law rules for general tort, maritime tort and limitation of liability for maritime claims as well as tort arising out of civil aircraft. The Act of the People＇s Republic of China on the Application of Laws in Foreign-Related Civil Relations of 2010 （PIL-Act） not only brings developments and changes to conflict rules for tort in general, but also provide choice-of-law rules for product liability, infringement of the right of personality via the internet and liability arising from an infringement of intellectual property rights, which marks that Chinese conflicts law has entered into a new developmental stage and taken on several new trends： （1） Chinese conflicts law system for torts has been basically set up; （2） Chinese choice-of-law rules for torts are becoming more and more diversified,＂ （3） the prineiple of party autonomy has been fully introduced to tort liability; and （4） judicial interpretations issued or to be issued by the Supreme People＇s Court will still play an important role in judicial practice.     

DATA ANALYSIS OF PROFESSIONALIZATION OF LEGAL WORKERS IN CHINA

Since the reform and opening up, the legal profession in China has changed dramatically. In terms of both quantity and quality, the legal profession has stepped into a new phase. A tendency towards widespread litigation and more professionals.＂ judges, lawyers and law students, can be clearly evidenced. Along with the development of the legal profession, other types of legal workers including business arbitrators, grassroots paralegal service workers （grassroots paralegals）, and mediators have experienced great changes. To a certain extent, they have become more marginalized than before. The development of the legal profession is extremely unbalanced. Whether in terms of the number of lawyers or the income generated by lawyers, the inter-provincial gap in China is huge. The development of the legal profession also brings out the issue of judicial corruption. From the number of letters and visits related to lawsuits and the National People＇s Congress deputies ＇votes on the reports of the Supreme People＇s Court and the Supreme People＇s Procuratorate, the level of legal corruption can be noted. This＂ problem has become a crucial challenge to the reputation of the legal profession and the judicial creditability of the country. The same amount of attention should be paid to judicial corruption as to the quality of legal services.     

WHY A COMMITMENT TO A RIGHT TO LIBERTY AND PROPERTY DOES NOT PRECLUDE REDISTRIBUTION THROUGH TAXATION AND WELFARE PROGRAMS： SCRUTINIZING NOZICK＇ S ENTITLEMENT THEORY OF JUSTICE

This paper critically examines Robert Nozick＇s theory of right and property with its corollary critique of redistributive taxation and welfare programs, as presented in his seminal book, Anarchy, State, and Utopia （hereinafter ASU）. In opposition to Nozick, this paper argues that a commitment to a right to liberty and property does not preclude, in and of itself, the acceptance of redistribution through taxation and welfare programs. Indeed, the thesis attempts to show that Nozick＇s ASU version of libertarianism itself requires, and is grounded in, a commitment to the value of welfare programs funded through redistributive taxation. More specifically, the paper contends that in accepting the Lockean proviso, with its concomitant egalitarian premises into his theory, and in making the plausibility of his argument rest on the proviso, Nozick has already infected his own libertarian views with just the same sort of redistributivism and welfarism he vehemently impugns. Consequently, the paper concludes that Nozick＇s contention against redistribution via taxation and welfare programs is ultimately self-refuting, if not hypocritical. The bulk of the paper will be devoted to showing why welfare liberals should not be intimidated or dismayed by Nozick＇s theory of property right. Rather, welfare liberals should regard Nozick as a theoretical ally, since Nozick＇s libertarian entitlement theory comes perilously close to transmogrifying into the ＂welfare state ＂.     

The Procedural School of Sao Paulo

The Procedural School of Sao Paulo originated itself from the lessons of Enrico TuUio Liebman, Italian scholar, during his stay in Brazil at the time of the Second World War, and consisted of the gathering of local studious participants who had a methodological unity and a scientific point of view of the procedure. The School spread for all the country. The master died in 1986, but his influence is still alive among us. Everywhere and in every Brazilian author＇s writings, one may recognize the master＇s method as well as his most important ideas.     

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.     

Greetings from President of IVR

Professor Sir Neil MacCormick Professor Emeritus, Public Law and the Law of Nature and Nations in the University of Edinburgh As one of four billion people who watched the enthralling launch of this year＇s Beijing Olympic Games, I feel renewed enthusiasm for the 2009 World Congress of IVR in Beijing. We can be sure to meet a warmand enthusiastic welcome from all our Chinese hosts, and we can all together carry on the IVR＇s mission of improving mutual understanding in the deep issues that lie at the heart of our common pursuit of philosophy of law and social philosophy.