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Centre for Chinese & Comparative Law Research Paper Series

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Viewing: 1 - 50 of 133 papers

1.

Will Innovative Technology Result in Innovative Legal Frameworks? – Smart Contracts in China

(2018) 26(6) European Review of Private Law 921-942.
Posted: 09 Jan 2019
Accepted Paper Series
Hong Kong Polytechnic University - Faculty of Business and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
2.

The Legal Protection of Personality Rights: Chinese and European Perspectives

Ken Oliphant, Zhang Pinghua and Chen Lei (eds), The Legal Protection of Personality Rights: Chinese and European Perspectives, Leiden: Brill/Nijhoff, 2018.
Posted: 08 Jan 2019 Last Revised: 31 Mar 2019
Accepted Paper Series
University of Bristol Law School, Yantai University - Law School and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
3.

Comparative Consumer Sales Law

Geraint Howells, Christian Twigg-Flesner, Hans-W. Micklitz, Chen Lei (eds.), Comparative Consumer Sales Law, Oxon, UK: Routledge, 2018.
Posted: 08 Jan 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law, University of Warwick - School of Law, European University Institute - Department of Law (LAW) and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
4.

Trending Toward Precaution at What Cost? Reconciling Positive and Negative Human Rights Obligations in the Use of Neuro Intervention for Sex Offenders

Connecticut Public Interest Law Journal, 2019
Posted: 05 Dec 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Independent
5.

Stopping Terrorism at Its Source: Conceptual Flaws of the Deterrence-based Counterterrorism Regime and Committing to a Preemptive Causal Model

Brooklyn Journal of Law and Policy, Vol. XXVI, No. 2, 2018
Posted: 26 Nov 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Independent
6.

Hong Kong’s Basic Law as a Contested Site of Conflicts: A Saga of Autonomy, Independence and Subjection

Paper Presented at the 10th World Congress of Constitutional Law (IACL-AIDC), Seoul, Republic of Korea, 18-22 June 2018.
Posted: 26 Nov 2018
Working Paper Series
City University of Hong Kong
7.

The Second Front - Again? The Rising Tide of Global Jihadism in East and Southeast Asia

(2018) 13 Intercultural Human Rights Law Review 131-173.
Posted: 26 Nov 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Independent
8.

Autocatalytic Models of Counter-Terrorism in East and Southeast Asia: An International Comparative Analysis of China, Indonesia, and Thailand

(2018) 50(3) The George Washington International Law Review 461-522
Posted: 14 Sep 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Independent
9.

Protection of Patient Personality Rights in China

In Ken Oliphant, Pinghua Zhang & Lei Chen (eds), The Legal Protection of Personality Rights: Chinese and European Perspectives (Leiden: Brill Nijhoff, 2018), pp 195-214.
Posted: 10 Sep 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
10.

Debating Personality Rights Protection in China: A Comparative Outlook

(2018) 26(1) European Review of Private Law 31-55.
Posted: 31 Aug 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
11.

Copyright Anti-Circumvention & Free Trade

(2018) 52(2) Journal of World Trade 257-279.
Posted: 31 Aug 2018 Last Revised: 14 Sep 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
12.

The Duty of Hong Kong Courts to Follow the NPCSC's Interpretation of the Basic Law: Are There Any Limits?

(2018) 48(1) Hong Kong Law Journal 167-191.
Posted: 31 Aug 2018
Accepted Paper Series
School of Law, City University of Hong Kong
13.

Contract Formation Under Chinese Law

In Mindy Chen-Wishart, Alexander Loke, and Stefan Vogenauer (eds), Studies in the Contract Laws of Asia II: Formation and Third Party Beneficiaries (Oxford University Press, 2018), Chapter 2.
Posted: 31 Aug 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
14.

Diversified FRAND Enforcement and TRIPS Integrity

(2018) 17(1) World Trade Review 91-120.
Posted: 31 Aug 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
15.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

In Mindy Chen-Wishart, Alexander Loke, and Stefan Vogenauer (eds), Studies in the Contract Laws of Asia II: Formation and Third Party Beneficiaries (Oxford University Press, 2018), Chapter 3.
Posted: 28 Aug 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
16.

Relaxations to Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

Posted: 20 Dec 2017
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
17.

Maritime Salvage Under Contract: A Comparative Study of Chinese Law and the International Salvage Convention

Lloyd's Maritime and Commercial Law Quarterly, 2017, pp. 286-302. , Centre for Chinese & Comparative Law Research Paper No. 2017/010
Number of pages: 18 Posted: 12 Sep 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 52
18.

To Judicialize the Eco-Civilization Policy in China: A Perspective of Grasslands Protection

Kansas Journal of Law & Public Policy, vol. 26(3), June 2017, pp. 396-427. , Centre for Chinese & Comparative Law Research Paper No. 2017/011
Number of pages: 33 Posted: 12 Sep 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 3
19.

Letter of Indemnity in Carriage of Goods by Sea: Chinese Law and Judicial Practice

Hong Kong Law Journal, vol. 47(1), 2017, pp. 265-289. , Centre for Chinese & Comparative Law Research Paper No. 2017/009
Number of pages: 27 Posted: 12 Sep 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 25
20.

The Hong Kong Subconstitutional Model of Separation of Powers: The Case of Weak Judicial Review

Hong Kong Law Journal, HKLJ-47(1)-221-241
Number of pages: 15 Posted: 29 Jun 2017 Last Revised: 06 Jul 2017
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and IE University Law School
Downloads 109
21.

Brexit's Challenge to Globalization and Implications for Asia: A Chinese Perspective

Journal of East Asia and International Law, vol.10, no.1, 2017, pp.47-64.
Number of pages: 29 Posted: 05 Jun 2017
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 132
22.

Victim-Perpetrator Reconciliation Agreements in Murder Cases: What Can Muslim-Majority Jurisdictions and the PRC Learn from Each Other?

International & Comparative Law Quarterly (Forthcoming)
Number of pages: 34 Posted: 17 Feb 2017 Last Revised: 17 Jun 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law and The Chinese University of Hong Kong, Faculty of Law
Downloads 68
23.

'No Malicious Incidents': The Concern for Stability in China's Divorce Law Practice

Centre for Chinese & Comparative Law Research Paper No. 2017/006
Number of pages: 23 Posted: 10 Feb 2017
Working Paper Series
City University of Hong Kong (CityUHK)
Downloads 78
24.

The Losing Media? An Empirical Study of Defamation Litigation in China

Centre for Chinese & Comparative Law Research Paper No. 2017/005
Number of pages: 25 Posted: 10 Feb 2017
Working Paper Series
City University of Hong Kong (CityUHK) and City University of Hong Kong
Downloads 119
25.

‘It Must Be Rock Strong!’: Guanxi's Impact on Judicial Decision-Making in China

Centre for Chinese & Comparative Law Research Paper No. 2017/004, 21st Century China Center Research Paper No. 2017-05
Number of pages: 26 Posted: 02 Feb 2017
Working Paper Series
City University of Hong Kong (CityUHK) and University of California, San Diego (UCSD)
Downloads 147
26.

The Institutional and Cultural Logics of Legal Commensuration: Blood Money and Negotiated Justice in China

Centre for Chinese & Comparative Law Research Paper No. 2017/003
Number of pages: 35 Posted: 01 Feb 2017 Last Revised: 02 Feb 2017
Working Paper Series
University of California, San Diego (UCSD) and City University of Hong Kong (CityUHK)
Downloads 102
27.

The Mediatory versus Legalistic Discourse in Chinese Courts

Centre for Chinese & Comparative Law Research Paper No. 2017/002
Number of pages: 21 Posted: 01 Feb 2017 Last Revised: 02 Feb 2017
Working Paper Series
City University of Hong Kong (CityUHK), Southeast University (China) and Southeast University (China)
Downloads 75
28.

Double Whammy: Lay Assessors as Lackeys in Chinese Courts

Centre for Chinese & Comparative Law Research Paper No. 2017/001
Number of pages: 27 Posted: 26 Jan 2017
Working Paper Series
City University of Hong Kong (CityUHK)
Downloads 55
29.

Judicial Approach to Human Rights in Transitional China

Zhao Yun and Michael Ng (eds.), Chinese Legal Reform and the Global Legal Order, Cambridge University Press 2017 Forthcoming
Number of pages: 18 Posted: 08 Oct 2016 Last Revised: 22 Oct 2016
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 94
30.

Comparative Executive Clemency: The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective (Book Review)

(2016) 11(2) Asian Journal of Comparative Law 334
Number of pages: 4 Posted: 01 Oct 2016 Last Revised: 15 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 64
31.

Does Mandating Cumulative Voting Weaken Controlling Shareholders?: A Difference-in-Differences Approach

52 International Review of Law and Economics 111-123 (2017)
Number of pages: 36 Posted: 01 Aug 2016 Last Revised: 25 Sep 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law and Academia Sinica - Institutum Iurisprudentiae (IIAS)
Downloads 139
32.

How Can Legal Education Speak to the Discovery Enriched Curriculum?

(2017) 4(1) Asian Journal of Legal Education 17
Number of pages: 29 Posted: 31 Jul 2016 Last Revised: 15 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 28
33.

An Empirical Study of Corporate Default Rules and Menus in China, Hong Kong and Taiwan

15(4) Journal of Empirical Legal Studies 875-915 (2018)
Number of pages: 42 Posted: 08 Jul 2016 Last Revised: 05 Dec 2018
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law and Academia Sinica - Institutum Iurisprudentiae (IIAS)

Multiple version iconThere are 2 versions of this paper

Downloads 63
34.

Singapore and Thailand: Explaining Differences in Death Penalty Clemency

Forthcoming in Liu, J., Travers, M., & Chang, L. (2017) Comparative Criminology in Asia. New York: Springer
Number of pages: 24 Posted: 28 Jun 2016 Last Revised: 15 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 68
35.

Right to Social Security - Assessing Chinese Practice Against International Standards

Forthcoming, "Socio-Economic Rights in Emerging Free Markets, Comparative Insights from India and China". Edited by Surya Deva, Routledge
Posted: 17 Jun 2016
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
36.

Researching the Death Penalty in Closed or Partially-Closed Criminal Justice Systems

in Mary Bosworth, Carolyn Hoyle and Lucia Zedner (eds) 2016, Changing Contours of Criminal Justice, Oxford University Press, Oxford
Number of pages: 17 Posted: 19 Apr 2016 Last Revised: 15 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 54
37.

Boundaries of the Investigative Power of the Legislative Council Under an Executive-Led Government in Hong Kong

Statute Law Review, Vol.38, No.2, 2017, pp.182-195.
Number of pages: 32 Posted: 10 Mar 2016 Last Revised: 18 Jun 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 69
38.

Reconciling Hong Kong's Final Authority on Judicial Review with the Central Authorities in China: A Perspective from 'One Country, Two Systems'

Public Law Review, Vol. 27, No.3, 2016, pp. 218-231.
Number of pages: 17 Posted: 24 Jan 2016 Last Revised: 29 Sep 2016
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 124
39.

Emergence of a Dual Constitution in Transitional China

Hong Kong Law Journal, Vol.45, No.3, 2015, pp. 819-850
Number of pages: 32 Posted: 09 Jan 2016
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 171
40.

Socio-Political Determinants of the Death Penalty and Australia's Foreign Policy

Number of pages: 14 Posted: 05 Nov 2015
Working Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 38
41.

Child Labour: Should Companies 'Stand at Bay' or 'Enter the Water'?

Journal of the Indian Law Institute, Vol. 56, pp. 143-174, April-June 2014
Number of pages: 32 Posted: 01 Oct 2015
Accepted Paper Series
City University of Hong Kong
Downloads 31
42.

Explaining Death Penalty Clemency in the Socialist Republic of Vietnam from 1986 to 2015

(2016) 10(2) Vienna Journal on International Constitutional Law 165
Number of pages: 41 Posted: 13 Sep 2015 Last Revised: 15 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 43
43.

What the Rejection of Anwar Ibrahim's Petition for Pardon Tells Us About Malaysia's Royal Pardons System

(2016) 18(1) Asian-Pacific Law & Policy Journal 63
Number of pages: 30 Posted: 02 Aug 2015 Last Revised: 13 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 70
44.

弱势司法、弱势权利:在中国大陆的法庭上实现宪法权利 (Weak Courts, Weak Rights: Realising Constitutional Rights in the PRC Courts)

Number of pages: 20 Posted: 30 Jun 2015
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 20
45.

Availability of Specific Remedies in Chinese Contract Law

Studies in the Contract Laws of Asia Remedies for Breach of Contract (Oxford: Oxford University Press 2016) ch 2.
Number of pages: 19 Posted: 09 Jun 2015 Last Revised: 06 Feb 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 120
46.

Is Diya a Form of Clemency?

Boston University International Law Journal, Vol. 34, No. 1, 2016
Number of pages: 32 Posted: 02 Jun 2015 Last Revised: 13 Jul 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 57
47.

The Emergence of Private Property Law in China and Its Impact on Human Rights

Asian-Pacific Law and Policy Journal. 15(1) 94-134 (2013)
Number of pages: 41 Posted: 01 Feb 2015
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 79
48.

Land Registration, Property Rights, and Institutional Performance in China: Progress Achieved and Challenges Ahead.

Hong Kong Law Journal. 44 (3). 841-864 (2014)
Number of pages: 24 Posted: 01 Feb 2015 Last Revised: 06 Feb 2017
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 79
49.

Whither Adverse Possession in Hong Kong? A Comparative and Statistical Study.

Conveyancer and Property Lawyer 2014 issue 5. 413 - 429.
Number of pages: 17 Posted: 01 Feb 2015
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Independent
Downloads 191
50.

The Right to Minority Language Instruction in Schools: Negotiating Competing Claims in Multinational China

Human Rights Quarterly, Vol 36 No 4 (2014)
Number of pages: 32 Posted: 07 Dec 2014
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 31