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The European Constitution And Its Implications For China, Xingzhong Yu Jan 2015

The European Constitution And Its Implications For China, Xingzhong Yu

Xingzhong Yu

The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …

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Anti-Corruption Commissions In China:Panacea Or Cure-All Medicine To Fight Corruption, Chan Louis Oct 2014

Anti-Corruption Commissions In China:Panacea Or Cure-All Medicine To Fight Corruption, Chan Louis

Chan Louis

With the rapidly economic development and the overall social transformation, corruption has becoming a more prominent threat to China's long-term development. The CPC and Chinese government, while severely cracking down corruption, has proposed a series of strategic thinking to fundamentally solve the problem of corruption. The sharp weapons against corruption in China are generally two institutions, which are Commission for Discipline Inspection responsible for the inspection within the party and the People's Procuratorate, one of key functions of which is prevention and punishment of corruption. A popular saying among Chinese government officials goes: “Fear not the heavens or the earth, …

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Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin Aug 2014

Constitutional Interpretation In Law-Making: China’S Invisible Constitutional Enforcement Mechanism, Tom Ginsburg, Yan Lin

Tom Ginsburg

Abstract: It is conventional wisdom that China’s Constitution is unenforceable, and plays little role in China’s legal system, other than as a symbolic document. This view rests on the fact that the Supreme Court has no power to interpret the Constitution. The formal body with interpretive power, the Standing Committee of the National People’s Congress, has never issued an official interpretation. Despite this apparent lack of enforcement, we argue that China’s Constitution indeed plays an increasingly important role within the party-state. It does through not through the courts but through the legislative process, in which formal requirements of constitutional review …

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授予法理下的公共财产保护：新加坡实践经验的借鉴 [Safeguarding Public Property Under Givings Jurisprudence: A Comparative Study Of Singapore And China], Jianlin Chen, Jiongzhe Cui Jan 2012

授予法理下的公共财产保护：新加坡实践经验的借鉴 [Safeguarding Public Property Under Givings Jurisprudence: A Comparative Study Of Singapore And China], Jianlin Chen, Jiongzhe Cui

Jianlin Chen

与美国仅仅强调私人财产权利不同，中国同时重视公共财产与私人财产两方面的保护。然而目前中国的理论界没有对政府处理公共财产的不同行为之间的细微差别进行深入地观察与区分，进而忽视了这些行为有可能潜在地将公共财产转移给私人的事实。授予法理(givings jurisprudence)有助于分析中国现行公共财产保护制度的优点与不足。通过展示如何在授予法理下有效地保护公共财产，新加坡的实践经验可以为我们提供一个很好的研究范例。 In contrast with the emphasis of private property protection in the United States, public property protection featured prominently in China’s communist-influenced legal discourse. However, Chinese academics and scholars have thus far failed to appreciate the nuanced nature of the different types of government actions and their potential of creating/distributing private wealth. This article utilizes the case study of Singapore to demonstrate how the givings jurisprudence (i.e. the emphasis of ensuring beneficiaries of government actions pay fair value of the benefits received) constitute a critical pillar in the protection of public property.

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Beijing’S “Congo” Interpretation: Commercial Implications, Chin Leng Lim Dec 2011