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Hong Yen Chang Center for Chinese Legal Studies

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Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman Oct 2004

Looking For Law In China I: Themes And Issues In Western Studies Of Chinese Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I have been studying Chinese law since the early 1960s – some have said that I began before there was any. The field has expanded so far beyond its narrow scope at that time that this overview will illustrate an old Chinese saying: "riding a horse and looking at flowers." I will first review the growth of this scholarly field, because it is necessary to understand that there are layers of scholarship that reflect first the paucity of formal legal institutions in Maoist China, then the appearance of first shoots of new or rebuilt institutions, and only recently the publication …


Looking For Law In China Iii: How Foreign Investors And Business Have Faced Legal Uncertainty In China, Stanley B. Lubman Oct 2004

Looking For Law In China Iii: How Foreign Investors And Business Have Faced Legal Uncertainty In China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This last of the three talks I will have given here at Oxford looks at yet another aspect of what I have called "looking for law in China." Today I will look at Chinese law from the perspective of foreign investors that have had to cope with the uncertainty of a business environment in which legal institutions have been vague, incomplete and weak. I speak to you today from under two hats, that of a scholar and that of practicing lawyer, since for over thirty years I have combined those two careers. My observations here, then, are not just those …


Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman Oct 2004

Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform

  • In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
  • I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
  • I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
  • I have also noted influences …


The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley B. Lubman Jan 2003

The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I am pleased to write in honor of Bill Jones by reflecting here on the study of Chinese law, which has occupied us both since the early 1960s and has since grown far beyond its narrow scope at that time. In the pages that follow, I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. I am also pleased to use this review as a vehicle for noting, in particular, some of Bill's contributions to our inquiries. Some related activities …