Law Commons^™

The Uncertain Future Of Legal Reform In China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This talk looks at how far Chinese law reform has come since 1979, possible further reforms, and obstacles to meaningful reform.

Looking For Law In China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I have been looking for law in China for over forty years. When I started in 1963, only a handful of other Westerners had also embarked on what then seemed an exotic academic excursion. Since then, after U.S.-China relations were reestablished in 1972, many other Americans have had reason to join in the search. Now, the growing potency of China's economic strength and international reach has made efforts to understand China more important than ever, and law has become a necessary medium for use in such efforts.

This article offers insights into critical institutions and practices that mark the legal …

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 …

Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.

I have not speculated here about appropriate …

Introduction: The Future Of Chinese Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The interaction between the millennial dominant orientations of Chinese culture and the entire impact of modernization and of Marxism-Leninism is a story that is unfolding before our eyes, and we have no neat formula for predicting its outcome.

Western Scholarship On Chinese Law: Past Accomplishments And Present Challenges, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Chinese law-making in recent years has been nothing less than remarkable and presents a new challenge for research today. The recent adoption of new codes, the revival of formal legal institutions, including courts and the bar, and the reinvigoration of legal education and research all signal the reappearance of an entire field of study.

Although a foundation for study was laid by some scholars in the 1960's, the field later declined, reflecting the low condition to which the Chinese legal system fell, both before and during the disastrous Cultural Revolution. Once again, however, study of the operation of the Chinese …