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Centre for Chinese & Comparative Law Research Paper Series

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Viewing: 1 - 50 of 171 papers

1.

The Judicial Document as Informal State Law: Judicial Lawmaking in China’s Courts

Modern China (Forthcoming), City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/010
Number of pages: 54 Posted: 26 May 2020 Last Revised: 01 Jun 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 11
2.

The [Chinese Communist] Party in China’s Legislature and Judiciary

Lance L.P. Gore and Zheng Yongnian (eds), The Chinese Communist Party in Action: Consolidating Party Rule (London: Routledge, 2020), Chapter 9, pp. 181-198, City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/009
Number of pages: 24 Posted: 15 May 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 13
3.

Managing Editor’s Introduction: Dispute Settlement for the Belt & Road Initiative — Progress, Issues, and Future Research Agenda

(2020) 8(1) Chinese Journal of Comparative Law (Forthcoming), City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/008
Number of pages: 31 Posted: 15 May 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 13
4.

Tightrope Walk Between Faith and Scepticism: India’s 'Contingency Plan' for Free Trade

Asian Journal of WTO & International Health Law and Policy, Vol. 15, No. 1, pp. 91-168, March 2020; City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/006, City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/006
Number of pages: 79 Posted: 22 Apr 2020 Last Revised: 01 Jun 2020
Accepted Paper Series
Indian Institute of Foreign Trade (IIFT) and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 4
5.

Corporate Law Issue, Civil Law Solutions: Resolving Disputes Arising from Unauthorized Corporate Security Contracts in People’s Republic of China High Courts

(2020) 1(1) Corporate and Business Law Journal, City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/003
Number of pages: 28 Posted: 03 Apr 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 6
6.

Party Building or Noisy Signaling? The Contours of Political Conformity in Chinese Corporate Governance

European Corporate Governance Institute - Law Working Paper No. 493/2020, Stanford Law and Economics Olin Working Paper No. 545, City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/005
Number of pages: 51 Posted: 27 Jan 2020 Last Revised: 01 Jun 2020
Working Paper Series
City University of Hong Kong (CityUHK) - School of Law and Stanford Law School
Downloads 94
7.

Private Takings of Land for Urban Redevelopment: A Tale of Two Cities

Forthcoming in the American Journal of Comparative Law, City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/007
Number of pages: 38 Posted: 10 Jan 2020 Last Revised: 01 Jun 2020
Accepted Paper Series
City University of Hong Kong, City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and University of Hong Kong - Faculty of Law
Downloads 64
8.

Corporate Governance, Human Capital Resources, and Firm Performance: Exploring the Missing Links

Journal of General Management, Forthcoming , Centre for Chinese and Comparative Law Research Paper Forthcoming
Number of pages: 38 Posted: 16 Dec 2019
Working Paper Series
University of Ottawa - Faculty of Administration, City University of Hong Kong (CityUHK) - School of Law and affiliation not provided to SSRN
Downloads 34
9.

The Big 'Ban' Theory And Piracy: Which Way Forward For Effective Transnational Copyright Enforcement Policy In China?

66 Journal of the Copyright Society of the U.S.A. 161-190, 2019, Centre for Chinese & Comparative Law Research Paper
Number of pages: 30 Posted: 06 Dec 2019 Last Revised: 21 Jan 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 21
10.

Gender Dimensions of the Guiding Principles on Business and Human Rights: Report of the UN Working Group on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises

41st session of the Human Rights Council, Reports No. A/HRC/41/43 (United Nations Human Rights Council, 2019), Centre for Chinese & Comparative Law Research Paper
Posted: 03 Dec 2019
Working Paper Series
City University of Hong Kong
11.

The Doctrine of Precontractual Liability Under Chinese Law: A Comparative Outlook

(2019) 27(3) European Review of Private Law 485-513, Centre for Chinese & Comparative Law Research Paper
Number of pages: 30 Posted: 03 Dec 2019 Last Revised: 04 May 2020
Accepted Paper Series
City University of Hong Kong - School of Law
Downloads 2
12.

On the Open Approach to the Copyright Fair Use Regime: Focusing on the Introduction of the ‘Intermediate Level’ General Clause (論著作權合理使用制度的開放化路徑: 以 “中間層次” 一般條款的引入為中心)

《知識產權》2019年第5期, 第58-69頁。, Centre for Chinese & Comparative Law Research Paper,
Posted: 26 Nov 2019
Working Paper Series
Nankai University and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
13.

Party Autonomy in Choice of Court and Jurisdiction Over Foreign-Related Commercial and Maritime Disputes in China

(2019) 3 Journal of Private International Law, Centre for Chinese & Comparative Law Research Paper
Posted: 26 Nov 2019
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
14.

Classification of Contractual Terms and Termination Clauses in English Law

in Jason Chuah (ed), Research Handbook on Maritime Law and Regulation (Research Handbooks in Private and Commercial Law) (Edward Elgar Publishing Ltd., 2019) 187-203., Centre for Chinese & Comparative Law Research Paper
Posted: 26 Nov 2019
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
15.

Corporate Governance in Hong Kong

Bruce Aronson and Joongi Kim (eds.), Corporate Governance in Asia: A Comparative Approach (United Kingdom: Cambridge University Press, 2019) 150-181., Centre for Chinese & Comparative Law Research Paper, University of Hong Kong Faculty of Law Research Paper No. 2019/113
Posted: 26 Nov 2019 Last Revised: 17 Dec 2019
Working Paper Series
City University of Hong Kong (CityUHK) - School of Law and The University of Hong Kong - Faculty of Law
16.

The 2018 Constitutional Amendments: Significance and Impact on the Theories of Party-State Relationship in China

(2019) China Perspectives 2019/1, pp. 11-21., Centre for Chinese & Comparative Law Research Paper
Posted: 26 Nov 2019
Working Paper Series
School of Law, City University of Hong Kong
17.

A Comparative and Jurisprudential Analysis of the 'Umbrella Movement' - Is It a Constitutional Moment?

in Mahendra Pal Singh and Niraj Kumar (eds), The Indian Yearbook of Comparative Law 2018 (Singapore: Springer, 2019) 95-125., Centre for Chinese & Comparative Law Research Paper
Posted: 26 Nov 2019
Working Paper Series
School of Law, City University of Hong Kong
18.

Is It Constitutional to Demand Hong Kong Independence? A Comparative Study

(2019) 49(2) Hong Kong Law Journal 507-546., Centre for Chinese & Comparative Law Research Paper
Posted: 26 Nov 2019
Working Paper Series
School of Law, City University of Hong Kong
19.

The Norm of Property’s Social Function: A Chinese Perspective

in Paul Babie and Jessica Viven-Wilksch (eds), Léon Duguit and the Social Obligation Norm of Property (1st edn) (Singapore: Springer, 2019) 331-354., Centre for Chinese & Comparative Law Research Paper,
Posted: 26 Nov 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law, Independent and Hong Kong Polytechnic University - Faculty of Business
20.

Inefficiency of Specific Performance As a Contractual Remedy in Chinese Courts: An Empirical and Normative Analysis

(2019) 40 Northwestern Journal of International Law and Business, Centre for Chinese & Comparative Law Research Paper
Posted: 26 Nov 2019
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and University of Florida Levin College of Law
21.

Concurrent Causation and Proportional Liability in Chinese Insurance Law

NUS Law Working Paper No. 2019/026, NUS Centre for Maritime Law Working Paper 19/09, Centre for Chinese & Comparative Law Research Paper
Number of pages: 24 Posted: 31 Oct 2019
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 22
22.

Judicial Review of the Legislative Process in Hong Kong: A Comparative Perspective

Statute Law Review (Forthcoming, 2020), City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/004
Number of pages: 23 Posted: 19 Aug 2019 Last Revised: 01 Jun 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 23
23.

谦抑主义与香港宪制转型 (A Deferential Approach to Hong Kong's Constitutional Order)

A Deferential Approach to Hong Kong's Constitutional Order, Hong Kong: Joint Publishing (H.K.), 2018, 208 pages. , Centre for Chinese & Comparative Law Research Paper
Number of pages: 17 Posted: 05 Aug 2019
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 8
24.

Can Independent Directors Effectively Monitor Controlling Shareholders? Evidence from Hong Kong

Centre for Chinese & Comparative Law Research Paper
Number of pages: 46 Posted: 25 Jun 2019
Working Paper Series
City University of Hong Kong, City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Hong Kong Polytechnic University
Downloads 37
25.

Regulating Smart Contracts and Online Platforms A Chinese Perspective

L. DiMatteo et al. (eds.), The Cambridge Handbook of Smart Contracts, Blockchain Technology and Digital Platforms, Cambridge University Press, 2019, 183-210, Centre for Chinese & Comparative Law Research Paper
Posted: 04 Jun 2019
Accepted Paper Series
Hong Kong Polytechnic University - Faculty of Business and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
26.

Specific Performance As a Contractual Remedy in Chinese Courts: An Empirical Study

(2019) 7(1) The Chinese Journal of Comparative Law 26-54, Centre for Chinese & Comparative Law Research Paper
Number of pages: 29 Posted: 04 Jun 2019 Last Revised: 07 Jul 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 48
27.

User-generated Contents Problem in Amendment Process of Copyright Law (著作權法修訂中的“用戶創造內容”問題 : 以中國內地與香港的比較為視角)

《法學評論》2019年第1期, 第123-135頁, Centre for Chinese & Comparative Law Research Paper,
Posted: 30 May 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and Jinan University - Law School
28.

Framing the Structure of the Court System in the Perspective of Case Management

(2018) 6(1) Peking University Law Journal 55-79, Centre for Chinese & Comparative Law Research Paper
Posted: 30 May 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
29.

The Court's Power to Appoint Provisional Liquidators to Carry Out Rescue Roles: Rethinking Legend

(2019) 28(1) International Insolvency Review 86-102, City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/001
Number of pages: 16 Posted: 28 May 2019 Last Revised: 01 Jun 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 4
30.

Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases

Daniel Pascoe, Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases (Oxford University Press 2019)
Number of pages: 1 Posted: 01 May 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 18
31.

The Role of the Judiciary and the Supreme Court in the Constitution-Making Process: The Case of Nepal

Stanford Journal of International Law Vol. 55, No. 1, Winter 2019
Number of pages: 18 Posted: 22 Apr 2019
Working Paper Series
School of Law, City University of Hong Kong and IE University Law School
Downloads 72
32.

Do the 'Haves' Come Out Ahead in Chinese Grassroots Courts? – Rural Land Disputes Between Married-Out Women and Village Collectives

Hastings Law Journal, Vol 71(1), 1-78
Number of pages: 78 Posted: 05 Apr 2019 Last Revised: 13 Jan 2020
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 31
33.

To Share Is Fair: the Changing Face of China’s Fair Use Doctrine in the Sharing Economy and Beyond

35 Computer Law & Security Review Issue.1, pp. 15-28
Number of pages: 14 Posted: 12 Mar 2019 Last Revised: 14 Mar 2019
Accepted Paper Series
Shanghai Jiao Tong University (SJTU) - KoGuan Law School and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 21
34.

Challenging Issues in Enforcing Civil Judgments in the Context of Globalization

Number of pages: 17 Posted: 07 Feb 2019
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 29
35.

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

(2018) 26(6) European Review of Private Law 921-942.
Number of pages: 22 Posted: 09 Jan 2019 Last Revised: 13 Apr 2020
Accepted Paper Series
Hong Kong Polytechnic University - Faculty of Business and City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 8
36.

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
37.

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
38.

Guiding Cases as a Form of Statutory Interpretation

Hong Kong Law Journal, Vol. 48, No. 3, 2018
Number of pages: 32 Posted: 04 Dec 2018
Working Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 99
39.

Making Sense of the Victim’s Role in Clemency Decision Making

International Review of Victimology, Forthcoming
Posted: 04 Dec 2018 Last Revised: 06 Feb 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law and McGill University - Faculty of Law
40.

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
41.

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
42.

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
43.

Guiding Cases and Bureaucratization of Judicial Precedents in China

University of Pennsylvania Asian Law Review, Vol. 14, No. 2, 2019, pp 96-135.
Number of pages: 36 Posted: 08 Nov 2018 Last Revised: 10 May 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 108
44.

When Activists Meet Controlling Shareholders in the Shadow of the Law: A Case Study of Hong Kong

14(1) Asian Journal of Comparative Law 1-36 (2019), Centre for Chinese & Comparative Law Research Paper
Number of pages: 39 Posted: 01 Oct 2018 Last Revised: 11 Dec 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 144
45.

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
46.

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 - School of Law
47.

Debating Personality Rights Protection in China: A Comparative Outlook

(2018) 26(1) European Review of Private Law 31-55.
Number of pages: 26 Posted: 31 Aug 2018 Last Revised: 13 Apr 2020
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
Downloads 6
48.

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
49.

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
50.

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 - School of Law