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Full-Text Articles in Comparative and Foreign Law
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
Michigan Law Review
These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …
Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp
Note, The Death Penalty In Late Imperial, Modern, And Post-Tiananmen China, Alan W. Lepp
Michigan Journal of International Law
This paper seeks to explore the crucial determinants that shape the Chinese legal system's use of the death penalty. Why have the Chinese relied so heavily on execution as a form of sentencing? What factors and conditions account for the major changes in the frequency of China's use of the death penalty? What indigenous traditions are reflected in China's implementation of the death penalty? In order to inquire into the role and function of the legal system in affecting the severity of criminal punishment in China, this study will focus on only those death sentences carried out by the state …
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Extra-Territorial Jurisdiction In China, Gustavus Ohlinger
Michigan Law Review
The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had …