Chinese Legal Reform and the Global Legal Order
Adoption and Adaptation

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Yun Zhao (Edited by), Michael Ng (Edited by)

9781316633076, Cambridge University Press

Paperback / softback, published 21 February 2019

326 pages, 3 b/w illus. 5 tables
22.9 x 15.1 x 1.6 cm, 0.48 kg

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.

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.

Subject Areas: Privacy law [LNDC2], International criminal law [LBBZ], International human rights law [LBBR], International law [LB], Legal history [LAZ], Comparative law [LAM]