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.     

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE EDITOR＇S NOTE

How could Critical Legal Study＇s insights benefit China？ When Chinese scholars at the inaugural session of Renmin University International Virtual Workshop （RUIVW） meet Duncan Kennedy, akey figure in the Critical Legal Study Movement, they seek to find out the answer.1 Kennedy＇s work on the globalization of law offers an ideal topic for the discussion.     

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.     

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.     

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.     

BURDEN OF PROOF AND PRIMA FACIE CASE IN WTO DISPUTES SETTLEMENT—A PERSPECTIVE OF CHINESE LAW

This paper discusses the concept of burden of proof and prima facie case,respectively,in WTO dispute settlement based on the legal doctrine on burden of proof in Chinese law.From the perspective of Chinese law,the burden of proof has three implications on two levels,namely the behavior burden of production and the behavior burden of persuasion in the procedural sense,and the result burden of bearing unfavorable consequence in its substantive sense.A prima facie case also includes the weaker account and the stricter account.They do not mean the same in different contexts,but what is the exact meaning thereof in a given context is clear.The real confusion of the burden of proof in WTO dispute settlement is prima facie standard which,in practice,to some extent,relies on the determination by the panel on case-to-case basis.     

Contrastive analysis of Chinese and American court judgments

Whether in legal practice or jurisprudence, court judgments or case briefs are one of the most important legal genres for the legal profession. This paper aims to examine contrastively the linguistic characteristics, moves and rhetoric of Chinese and American court judgments, with the aim of specifying the rhetorical preferences that are characteristic of “standard” judgments. Legal cultures are employed to account for the generic and rhetorical differences. This study also has an underlying pedagogical motivation in that the results would be of great value and interest to the Chinese students of Language for Legal Purposes （LLP） and the lawyers practicing foreign legal affairs.     

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.     

FOCUS： PUNITIVE DAMAGES IN CHINA PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that ＂（w）hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.＂ As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

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,     

Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

FOCUS： PUNITIVE DAMAGES IN CHINA EDITOR＇S NOTE

Tort Law of the People＇s Republic of China provided for punitive damages for the first time in Article 47 Chapter 5, although the existing consumer protection law, contract law and intellectual property law contained similar institutions. The direct reason for the introduction of this exotic institution, imported from USA, lies primarily in the Sanlu milk powder scandal Many questions, such as its conformity with the current Chinese legal system, its application, and its likely influence on Chinese adjudication, still remain unclear.     

INTERNATIONAL CONFERENCE ON ＂MODERNITY AND CHINESE LEGAL CULTURE＂ HELD AT RENMIN UNIVERSITY OF CHINA LAW SCHOOL

The legal reform of the late Qing Dynasty that took place more than one hundred years ago has usually been considered as the starting point of the transformation and modernization of Chinese legal culture. Following that, both the Republic of China＇s legal system, and the Chinese legal system drawing on Western experience since the opening-up, have been （to a large extent） developed by the purpose of pursuing modemity. Hence, the relationship between modernity and Chinese legal culture is the crucial point in understanding the development of Chinese legal system in modem times, and also a point in comprehending the ongoing legal system construction in a global perspective.     

INTERNATIONAL CONFERENCE ON THE RULE OF LAW： UNIVERSALITY,SPECIALTY AND ITS EVALUATION

On May 24, 2014, Renmin University Law school hosted an international symposium on “The Rule of Law Assessment： Universality and Particularity.” The speakers and participants came from Mainland and foreign universities, Chinese judicial divisions and govemment branches and the focus of discussions was the World Justice Project Rule of Law Index 2014 and particularly the assessment of the rule of law in moderu China. It was a busy and detailed programme and the following report deals with some of the highlights.     

DIFFICULTIES IN ESTABLISHING LIABILITY IN ONLINE DEFAMATION： TANZANIA＇S EXPERIENCE

This paper is devoted to uncover difficulties in establishing liability in online defamation in Tanzania. The focus is on the effectiveness of the current laws and regulations relating to the online defamation; and the lack of awareness to the general public on legal and practical challenges in establishing liability over the defamatory comments occurring on the Internet. The investigators discover that, the existing legal framework in Tanzania does not cover the issues of establishing liability in online defamation. Moreover the legal and practical challenges includes the weakness of the law and regulations covering online defamations, limitation periods, jurisdiction and choice of law issues, admissibility of electronic evidence and its authenticity, identifying anonymous defendant and the rights to privacy. Authors recommend that responsible machinery be established by Act（s） of parliament that would address by dealing with specific issues of liability in online defamation to Internet users, Internet Service providers （ISPs） and intermediary for their defamatory comments.     

CHINA＇S INTELLECTUAL PROPERTY PROTECTION IN FRANCHISING

Since the concept of franchising was introduced into China, the franch＆ing sector has witnessed a spectacular growth in the last decade. China today ＆ the most franchised country in the world in term of number of systems. The value and success of most franchising concepts are often substantially based on intellectual property -- primarily trademarks, trade names, copyrights, trade secrets, and patents. If a franchisor is to capitalize on the exclusivity of its unique intellectual property to provide it and its franchisees a competitive advantage, legal protection of these valuable assets is essential in China and contemplated business. The tremendous development of franchising has inevitably brought forth different kinds of problems such as the franchise contract disputes, intellectual property infringement disputes, etc. The strong growth of domestic and international franchising urges the great importance of protecting the intellectual property rights （IPRs） in China today. This paper addresses the Chinese franchising law and intellectual property law, analyzing the enforcement and protection of intellectual property law in China today in combination of some judicial cases judged by the courts. With more and more serious situation of intellectual property infringements in China it is crucial for the intellectual property rights to be maintained and safeguarded, some suggestions were put forward to protect the IPRs from the franchisors ＇perspective.     

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.     

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.     

Editors'''' Notes

Chinese legal scholars and lawyers have found many problems in the Chinese criminal procedure since the Criminal Procedure Law was legislated in 1979 and revised in 1996.Although they advised many reforms to resolve these problems,