Chinese Legal Reform and the Global Legal Order

Adoption and Adaptation

Yun Zhao (The University of Hong Kong), Michael Ng (The University of Hong Kong)

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English

Cambridge University Press
21 February 2019

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.

Edited by: Yun Zhao (The University of Hong Kong), Michael Ng (The University of Hong Kong)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 151mm, Spine: 16mm
Weight: 480g
ISBN: 9781316633076
ISBN 10: 1316633071
Pages: 326
Publication Date: 21 February 2019
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1. The law, China and the world: an introduction Yun Zhao and Michael Ng; Part I. Chinese Legal Reform in Xi Jinping's Era: 2. Punishments in the post re-education through labour world: questions about minor crime in China Sarah Biddulph; 3. Understanding the presumption of innocence in China: institution and practice Lin Xifen and Casey Watters; 4. Judicial approach to human rights in transitional China Shucheng Wang; 5. Public enforcement of securities laws: a case of convergence? Chao Xi and Xuanming Pan; 6. China's free trade from SEZs to CEPA to FTZs: the Beijing Consensus in global convergence and divergence Wenwei Guan; 7. Achievements and challenges of Chinese maritime judicial practice Liang Zhao; 8. Interaction of national law-making and international treaties: implementation of the convention against torture in China Bjorn Ahl; 9. Online privacy protection: a Legal regime for personal data protection in China Yun Zhao; Part II. The Back Matters: Historical Legal Reform in China: 10. Traditionalising Chinese law: symbolic epistemic violence in the discourse of legal reform and modernity in late Qing China Li Chen; 11. Judicial orientalism: imaginaries of Chinese legal transplantation in common law Michael Ng; 12. Commercial arbitration transplanted: a tale of the book industry in modern Shanghai Billy K. L. So and Sufumi So; 13. China's unilateral abrogation of the Sino-Belgian Treaty: case study of an instance of deviant transplantation Maria Adelel Carrai; 14. Consequential court and judicial leadership: the unwritten Republican judicial tradition in China Zhaoxin Jiang.

Yun Zhao is Professor and Head of Department of Law at The University of Hong Kong; Ph.D. (Erasmus Universiteit Rotterdam); and L.L.M (Leiden University); L.L.M. and L.L.B. (China University of Political Science and Law). Professor Zhao is also Chen An Chair Professor in International Law at Xiamen University (2015), and Siyuan Scholar Chair Professor at Shanghai University of Foreign Trade (2012–14). He is listed as arbitrator in several international arbitration commissions. Michael Ng is Assistant Professor and Director of the Centre for Chinese Law at the Faculty of Law of The University of Hong Kong. He is author of Legal Transplantation in Early Twentieth Century China: Practising Law in Republican Beijing (1910s–1930s) (2014) and co-edited Civil Unrest and Governance in Hong Kong: Law and Order from Historical and Cultural Perspectives (2017). His works have appeared in leading international refereed journals such as Law and History Review, Law and Literature, International Journal of Asian Studies, Business History, and the Journal of Comparative Law, among others. He practised in the legal and finance sectors for more than fifteen years before becoming an academic.