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Centre for Chinese & Comparative Law Research Paper Series

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Viewing: 1 - 50 of 146 papers

1.

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
2.

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
Posted: 04 Jun 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
3.

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 Law School, Jinan University
4.

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) - School of Law
5.

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

(2019) 28(1) International Insolvency Review 86-102, Centre for Chinese & Comparative Law Research Paper
Posted: 28 May 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law
6.

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 6
7.

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
City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law and IE University Law School
Downloads 24
8.

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

Hastings Law Journal, Forthcoming
Number of pages: 100 Posted: 05 Apr 2019
Working Paper Series
City University of Hong Kong (CityUHK) - School of Law
Downloads 15
9.

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 15
10.

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) - School of Law
Downloads 21
11.

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
12.

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
13.

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
14.

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
15.

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 35
16.

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

International Review of Victimology, Forthcoming
Posted: 04 Dec 2018 Last Revised: 13 Apr 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law and McGill University - Faculty of Law
17.

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
18.

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
19.

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
20.

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 39
21.

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
22.

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
23.

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
24.

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
25.

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
26.

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
27.

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
28.

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
29.

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
30.

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
31.

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
32.

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 26
33.

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 111
34.

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 134
35.

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

(2017) 66(4) International & Comparative Law Quarterly 963
Number of pages: 34 Posted: 17 Feb 2017 Last Revised: 10 May 2019
Accepted Paper Series
City University of Hong Kong (CityUHK) - School of Law and The Chinese University of Hong Kong, Faculty of Law
Downloads 70
36.

'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 81
37.

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 124
38.

‘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 148
39.

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
40.

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
41.

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 58
42.

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 97
43.

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 66
44.

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 141
45.

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
46.

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 69
47.

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 70
48.

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
49.

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 55
50.

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