Articles

Developments in the Reform of China’s Banking and Financial Systems Commentary

Published Nov 24, 2015

Abstract A nation’s banking and financial institutions are intimately related to that nation’s evolving economic structure and development. Thus, banking and financial reform is of critical importance to China’s overall economic restructuring. Briefly stated, the People’s Republic of China has traditionally maintained a product-economy management system’ under highly centralized control, characterized by management in kind3 and… Read more

Commentary: Editor’s Note

Published Nov 24, 2015

Abstract In our continuing efforts to publish diverse and authoritative perspectives on Chinese Law, the Journal of Chinese Lawv is proud to present the following Commentary as part of a continuing series of periodic contributions from influential Chinese policymakers. Liu Hongru serves as Deputy Governor of the People’s Bank of China and currently is the… Read more

Tortious Liability for Defective Products in the People’s Republic of Chin

Published Nov 24, 2015

Abstract The traditional preoccupation of China’s leaders with gross industrial output has long compromised economic efficiency and product quality. Official consternation at socialist industry’s failure to meet expected quality standards already accompanied “socialist trans- formation” as early as the 1950s, but it was not until 1978 that the State Council, following directions from the Party,… Read more

Labor Reform in the Workers’ State: The Chinese Experience

Published Nov 24, 2015

Abstract Labor law in many countries is an amalgamation of both private and public law. According to the private law model, which is closely associated with freedom of contract and laissez-faire capitalism, the state’s role is largely confined to providing a stable basis for the development of private economic relations. Under the public law model,… Read more

The Wholly Foreign-Owned Enterprise Law: Defining the Legislative History and Interpreting the Statute

Published Nov 24, 2015

Abstract The incorporation in a foreign jurisdiction of a wholly owned subsidiary is a typical investment decision for corporations that conduct business abroad. A significant advantage to this type of foreign investment is the ability to control the internal affairs of the subsidiary, yet retain flexibility by separating its operations from those of the parent…. Read more

Civil Liberties in Hong Kong: Recent Controversies, Evolving Consciousness and Future Legal Protection

Published Nov 24, 2015

Abstract Within the last few years, Hong Kong society has reacted with increasing sensitivity to issues of civil liberties. This heightened awareness contrasts sharply with the previous atmosphere in Hong Kong, which appeared to be relatively content with a “benign” colonial rule under the British and in which no significant movement for civil or political… Read more

Study of the Political System of the Hong Kong Special Administrative Region under the Basic Law

Published Nov 24, 2015

Abstract In December of 1987, the Hong Kong Special Administrative Region of the People’s Republic of China Basic Law Drafting Committee (Drafting Committee) held its Sixth Plenary Session and dis- cussed the preliminary provisions drafted by the Special Subcommittee on the Political System. These provisions comprise two chapters in the Basic Law: chapter four on… Read more

Several Issues Concerning the Relationship between the Central Government of the People’s Republic of China and the Hong Kong Special Administrative Region

Published Nov 24, 2015

Abstract The Basic Law for the Special Administrative Region of Hong Kong (Basic Law) devotes one chapter to the relationship between the Central Government of the People’s Republic of China (PRC) and the Hong Kong Special Administrative Region (SAR). As this author understands it, the term “relationship between the Central Government and the Hong Kong… Read more

Basic Law of the Hong Kong Special Administrative Region: Economics and Norms of Credibility

Published Nov 24, 2015

Abstract Central to the achievement of the Sino-British Joint Declaration on the Question of Hong Kong (Joint Declaration)I was the economic rationale of maintaining the “prosperity and stability” (fanrong anding) of the territory. This declared common objective, while not exclusively confined to the economic sphere, reinforced earlier assur- ances that investors could set their hearts… Read more

Reasons for and Basic Principles in Formulating the Hong Kong Special Administrative Region Basic Law, and its Essential Contents and Mode of Expression

Published Nov 24, 2015

Abstract Hong Kong has always been Chinese territory. However, since late in the Qing Dynasty, it has been ruled by Great Britain. Recently, after peaceful negotiations, the Chinese and British govern- ments signed the Joint Declaration on the Hong Kong Question (Joint Declaration). This agreement stipulates that on July 1, 1997, Great Britain will restore… Read more

Symposium on the Hong Kong Basic Law: Preface

Published Nov 24, 2015

Abstract Nine years from now, in 1997, the British Government will take the historic step of relinquishing control over the Crown Colony of Hong Kong. Britain has governed parts of present day Hong Kong since 1842, when the Qing Emperor ceded Hong Kong Island to Great Britain by the Treaty of Nanking. In 1860 China… Read more

A Research Guide to Taiwan (ROC) Law

Published Nov 20, 2015

Abstract The Legislative Yuan was established by the Constitution, and organized according to its own Organic Law. The Constitution pro- vides for two legislative sessions annually, February to May and Sep- tember to December, with adjournment permissible where necessary. In theory members serve a three-year term. However, because the legislature was designed to be the… Read more

A Model for Solving Legal Problems between Taiwan and the Mainland

Published Nov 20, 2015

Abstract During the forty years of political division between Taiwan and the mainland, several specific legal problems have eluded reasonable and effective solutions. Chief among these is the issue of inheritance for people on both sides of the Taiwan Strait. Lately, however, all kinds of complicated civil, criminal, and business law problems have surfaced because… Read more

Issues in Criminal Law across the Taiwan Strait

Published Nov 20, 2015

Abstract The People’s Republic of China (PRC) and the Republic of China (Taiwan) have been divided politically for forty years. Due to the immense power of cohesion inherent in Chinese culture, however, the speedy reunification of the PRC with Taiwan has been the common desire of the people on both sides of the Taiwan Strait…. Read more

Current Special Laws in Taiwan as an Impediment to the Development of Relations with the People’s Republic of China

Published Nov 20, 2015

Abstract Those in the international community who are interested in China realize that the issue of Taiwan is a very important and extremely sensitive part of China’s affairs. In 1949, the Guomindang (KMT) retreated to Taiwan, and the People’s Republic was established under the leadership of the Communist Party of China. In the four decades… Read more

Liberalization, Internationalization, and Institutionalization

Published Nov 20, 2015

Abstract Since the national government withdrew from mainland China in 1949, the Republic of China on Taiwan (ROC), through public commitment and private initiative, has achieved what has been recognized worldwide as an “economic miracle,” and has consistently been rated one of the world’s top economic performers in terms of both growth and equity. As… Read more

The Taiwan Relations Act after Ten Years

Published Nov 20, 2015

Abstract The Taiwan Relations Act’ hardly had an auspicious beginning. The then Deputy Secretary of State was pelted with eggs, tomatoes, and stones when he traveled to Taiwan in December of 1978 to explain the United States (U.S.) plan for continuing “unofficial” relations with Taiwan in the aftermath of recognition of the People’s Republic of… Read more

Symposium on Taiwan: Preface

Published Nov 20, 2015

Abstract In the winter of 1979, the United States shifted diplomatic rela- tions from Taipei to Beijing. At that time, many international observers predicted that Taiwan’s economic and political stability as well as its international stature would decline. Yet, Taiwan’s economy is stronger now than it was ten years ago, with Taiwan’s treasury holding roughly… Read more

Like Throwing an Egg against a Stone? Administrative Litigation in the People’s Republic of CHina

Published Nov 20, 2015

Abstract On April 4, 1989, the National People’s Congress of the People’s Republic of China (PRC) passed the Administrative Litigation Law (ALL). This law allows PRC citizens to sue government officials who violate the law in the course of administrative agency activity. The possibility that millions of government officials may be forced to defend their… Read more