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.     

MACAO＇S LEGAL SYSTEM UNDER GLOBALIZATION AND REGIONAL INTEGRATION： BETWEEN TRADITION AND EVOLUTION

Macao, a former Portuguese colony and now one of only two Special Administrative Regions of the People＇s Republic of China, is undergoing unprecedented socio-economic growth and transformation. Using Macao as an empirical case, the paper examines the challenges of regional integration and globalization on legal theories, identifies how law interacts with other socio-cultural factors, and analyzes the self-reflection and self-adjustments of a legal culture in dynamic and diverse dimensions of time and space. The paper aims to find an innovative approach to discover the progressive pattern of inertia, evolution, survival, diffusion and interaction of a legal tradition in a global context.     

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.     

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     

INSTITUTIONAL DEVELOPMENTS,ACADEMIC DEBATES AND LEGAL PRACTICES ON THE CONSTITUTIONAL REVIEW IN CHINA： 2000--2013

A special system of constitutional review, namely National People＇s Congress Review Model （the NPC Review Model） has been established since the 1982 Constitution. However, this system was criticized for its inactivity and has never been actually activated. After 2000, there are lots of efforts try to improve the system of constitutional review of China, the results of the Qi Yuling case （2001） and the Luoyang seed case （2003） demonstrated that the U.S.-style of constitutional review is not and will not be accepted by the political system of China, while the results of the Sun Zhigang case （2003） and the Tang Fuzhen case （2009） proved that the existing NPC Review model cannot work very well if political leaders refuse to reform it. However, the experiences of the New Model of Parliamentary Sovereignty which was developed from Canada, New Zealand, the United Kingdom, Canberra （the Australian Capital Territory）, and the Hong Kong Special Administrative Region of China after 1980s, showed that a third way to protect human rights in a liberal democracy and to coordinate the relationship between legislature and court in a system of constitutional review. I believe the third way provides a good case for China to reform the existing constitutional review system without abandon its cherished tradition of the system of people ＇s congress.     

INSTITUTIONAL CHALLENGES TO CHINA＇S INNOVATIVE CAPACITY BUILDING

After dynamic economic growth for more than 30 years, China has been increasingly pressured with the unsustainability of its extensive development model. Despite the remarkable economic growth and the party-state promotion, China is facing barriers for its economic upgrading with scientific and institutional innovation. In recent years, a series of policies and measures have been taken by the Party-State to promote country＇s innovative reorientation. However, implementation of these measures in practice is facing many institutional difficulties, which closely relate to the necessary political reform in order to liberalize people＇s creativity and entrepreneurship. The article will examine three major institutional challenges in this regard from legal perspective.＂ freedom of speech, a level playing field for free market competition, and research integrity. The author argues that the Party-State＇s support and promotion will be insufficient to build up a society with innovative capacity when the Party-State regime itself becomes an obstacle to such development. Success of China＇s innovative reorientation to a large extent depends on its political and institutional reform as well as a fair and equal competitive market system.     

Constructive condition and application of law of preliminary question

Preliminary question, a legal problem often involved in foreign marriage and foreign succession relations, has ever been discussed by masters in private international law. In the field of private international law study in China, the research on preliminary question has been the receiving and continuing of the British private international law expert, Morris. But his theory of preliminary question is open to question. This article restates the conditions and application of law of preliminary question of from both the theoretical and practical aspects and raises the author＇s new points and propositions.     

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.     

PARTY AUTONOMY IN THE APPLICABLE LAW TO RIGHTS IN REM TO MOVABLES UNDER THE CHINESE ACT ON THE LAW APPLICABLE TO CIVIL RELATIONS WITH A FOREIGN ELEMENT： A COMPARATIVE REVIEW

It is widely recognized that a right in rein to movables is to be governed by the law where the movable is located, while party autonomy is confined to the choice of law in contractual matters. Recently there have been calls to extend party autonomy to right in the choice of law in rights in rein to movables. The 2010 Act of the People＇s Republic of China on the Law Applicable to Civil Relations with a Foreign Element （the Act） is a legislative move. The question, however, remains whether it is reasonable for mandatory property law to be left to the choice of parties, in particular in an age when transborder movement of movables is frequent. This paper analyzes the issues of party autonomy and applicable law to rights in rein to movables.     

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.     

THE LAWS,POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA

This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China＇s Ministry of Environmental Protection （MEP） was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government＇s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China ＇s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.     

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.     

China＇s Labor Contract Law and the liberalization of global markets： Will employees＇ rights equate to employers＇ nightmares？

Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers＇ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China＇s embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States＇ use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.     

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.     

Faren Magazine Summary

The Dead lend of OEM in China
With the falling down of Lile in Foshan city and Hejun in Dongguan city which are seemed as China＇s most famous OEM factories, maybe the pain of being extorted by multi-national corporation that Shenzhen Sunshine plastic factory encountered is not an astonishment,but Sunshine＇s plight reveals again the tough choice that all Chinese OEM factories face： either throw away the OEM market and wait for dead end or adjust their passive gesture and seek for breakout.     

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.     

CONTENTS

This essay applies Polanyi＇s theory of ＂double movements＂, with an emphasis on mutual transformation between state and society, to analyze China＇s staterebuilding since the economic reform and challenges it faces in the future. This paper argues that since the economic reform and before the recent turn of state governance, state-rebuilding in China has been driven by one single movement： marketization. However, since entering the 21 st century, state-rebuilding has to be undertaken in the tension between a double movement of marketization and self-protection of society which move in two different directions. To respond such a challenge, China must restructure the relationships among state, market, and society.     

Factors affecting women＇s participation in indigenous conflict resolution in Issa and Gurgura Clans of Somali,Eastern Ethiopia

This article tries to explore the factors affecting women＇s participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women＇s representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.     

LEGAL AND REGULATORY MODEL FOR THE AUDIT PROFESSION： THE UK AND CHINESE MODELS COMPARED

The article discusses whether the UK＇s liberal regulatory model for the audit profession could benefit China as it continues its reform towards a western-inspired liberal market economy. China has already carried out substantial reforms.＂ the disaffiliation programme, audit industry consolidation, and the diffusion of international audit norms. However, substantial deficiencies in the Chinese audit profession remain, and corporate audit continues to lack credibility. Adopting a system modelled on that used in the UK could resolve these issues. However, if China chose to adopt the UK＇s liberal regulatory model, it would not only require economic reform, but also structural reform to its political system. This would include removing conflicts of interest between the audit profession and companies controlled by public authorities; the development of an independent self-regulatory system accountable to the judiciary; corporate democratisation; the development of private enforcement and the introduction of an independent judicial system.