Virtual exchange with Chinese students from Renmin University

Professor Julie Yu-Wen Chen along with Renmin University (RUC) are holding a virtual forum on Saturday 15 May to exchange thoughts and ideas on the issue of women and gender equality during the Covid-19 pandemic.

What to expect?

RUC students will reflect on the issue and present us with their impressions and ideas on what are the challenges they have experienced as to the event theme. Students from the Finnish side will do the same to swap up opinions and learn from each other. This is a friendly online meeting and it’s not a compulsory part of your study, yet we encourage you all to participate in this event.

So welcome to the online exchange opportunity. Please contact Professor Chen to give you more detailed information on the event.

Practicalities

Where: Online forum

When: Saturday 15 May, Morning (Finnish time)

Duration: 1-1,5 hrs

Registration: by email to Professor Chen at julie.chen@helsinki.fi before 15 April 2021

This blog post was written by one of the Center’s interns, Anwar Al-Hamidi. Anwar is a Master’s student at the University of Helsinki’s International Business Law program. He holds a bachelor’s degree in Law from the University of Baghdad. 

Online guest lecture: An Inquiry into the Continuing Development of Maritime Law in the PRC

On Tuesday 20 April 2021, Professor Jason Chuah from the City Law School, City University of London will give a guest lecture on the topic of ‘An Inquiry into the Continuing Development of Maritime Law in the PRC’.

Ellen Eftestøl-Wilhelmsson, Professor of Civil and Commercial Law at the University of Helsinki will act as the commenter for Professor Chuah’s lecture.

Time: 20 April 2021, 14:15 – 15:45 Finnish time (12:15 – 13:45 UK time)

Venue: Zoom

The lecture is open to all. However, registration is required to receive the Zoom meeting information.

We kindly ask you to register by 17 April 2021 by completing the following electronic form: https://www.lyyti.in/Guest_lecture_An_Inquiry_into_the_Continuing_Development_of_Maritime_Law_in_the_PRC_6461

If you have any questions, please contact the Center’s Coordinator via ngoc.pham@helsinki.fi.

 

Background

Almost 30 years have elapsed since the promulgation of the PRC Maritime Law. This lecture assesses the state of play in the development of private law rules and norms pertaining to international shipping in the PRC. There are two objectives in this presentation. First, we shall explore to what extent this oft-applauded exemplar of legal transplant has fared in the last three decades. We identify the pressure points in doctrine and principle – drawing on examples in relevant judicial cases. To that end, we compare the code-based system in the PRC Maritime Law of 1992 with a precedent-based system, such as the common law, using the charter-party as a paradigm case study. However, rules without remedies do not bode well for shipping litigation. The Maritime Law of 1992 does not provide specifically for legal remedies; recourse instead had to be made to the general law of obligations. The second objective is thus concerned with how the matter of remedies for shipping litigants is being addressed in the PRC system.

About the speaker

Jason Chuah is Professor of Commercial and Maritime at The City Law School, City University of London and Adjunct Professor at the University of Gothenburg. He was a holder of three scholarships at the University of Cambridge and a Certificate in Export with Distinction from the UK Institute of Export. He chairs the London Universities Maritime Law and Policy Group. He is also a panel member of the UN Consultative Group on Sustainable Shipping. He has been involved in various consultations with the UK Government, the OECD, the ICC, the Association of British Insurers, the UNCITRAL, etc. and has published eleven books and over 200 journal articles, including contributions on PRC maritime and trade law. His works have been cited by tribunals and institutions in the EU, US, UK and Asia.

 

Introducing the Nordic Network on Chinese Thought

The Centre would like to inform its readers of the establishment of the new Nordic Network on Chinese Thought (NNCT) based at the University of Lapland. The NNCT is founded by Professor Matti Nojonen (University of Lapland), Dr. Jyrki Kallio (Finnish Institute of International Affairs) and Professor emeritus Torbjörn Lodén (University of Stockholm). The idea is to create an open and transparent platform that connects Nordic researchers on Chinese thought on a more regular basis than just once a year.

The network’s objective is to open discussion and dialogue on philosophical questions relating to China, as well as for sharing research ideas, papers, and manuscripts. It aims at bringing together not only senior scholars but also young researchers and students in the Nordic region who study or work on classical and modern Chinese philosophy and Chinese thought. The NNCT will also advance collaboration with prominent Chinese philosophers.

The activities of the NNCT include seminars, workshops, study events, and lectures in the field of Chinese thought on topics such as the role of concepts in traditional Chinese philosophy and thought. Through the network, scholars and students shall have the opportunity to expand their network and learn different approaches to Chinese thought from other members.

In this and next autumns, two new 5-credit courses on Chinese thoughts will be organized by the University of Lapland. They will deal with classical Chinese language and textual reading on classical Chinese philosophy.  The courses, one offered in Finnish and the other in English, will provide students with knowledge and insight into different fields of Chinese philosophy. Students in the courses are welcome to attend events of the NNCT.

The inaugural seminar of NNCT will be organized on the 20th of April, at 10 AM to 12 Noon (UTC + 3).

For further information, please visit https://www.ulapland.fi/EN/Webpages/Nordic-Network-on-Chinese-Thought

DIGITAL LECTURE SERIES: Current Affairs in China

The Centre would like to inform its readers of four Digital Lectures on Current Affairs in China, hosted by international scholars on different pressing issues and development of the Chinese society. These lectures are organized as part of the Chinese Study Program at UiB (Department of Foreign Languages).

China’s rise as a powerful economic and political power has made it both a strategic partner and a systemic rival to Europe particularly because while some praise China’s efficiency in implementing political priorities, others criticize its authoritarian political system that aggressively suppresses any kind of dissent.

These lectures will explore the contradicting characters of Chinese politics, economy and society and other relevant issues of our time. For effective cooperation, now and future, it is essential that we understand the country and learn how to communicate with its people. This includes topics that vary from climate change to digital economy and many more. The lectures are open to students, staff, and the broader public as well; to learn about Chinese society and to engage in discussions.

17th March  (12–13.30): BUILDING STATE CAPACITY

Christian Göbel (Chair of China Studies at the University of Vienna) speaks on how repression has increased under Xi Jinping, but more importantly so has online participation. It is vital to understand how the regime uses public participation to monitor local officials, while at the same time cracking down on activities that had been tolerated previously.

This lecture is funded by the European Research Council.

https://www.uib.no/en/fremmedsprak/142402/building-state-capacity

24TH March  (12–13.30): ACCOUNTABILITY OF CORPORATE ACTORS

Constantin Holzer (a postdoc at the Department of Asian Studies at Cork University College) will speak on the paradigmatic and regulatory shift from ‘Corporate Social Responsibility’ to ‘Corporate Social Credit System’ and its wider consequences on state-business relationships and entrepreneurs in China. The rise of the digital economy, the current leadership and the regulation of behavior, a threat to companies’ autonomy or new opportunities and legal security.

https://www.uib.no/en/fremmedsprak/142403/accountability-corporate-actors

14TH April  (12–13.30): GRAPPLING WITH THE CRISIS

Professor Yang Laike (Dean of the Department of International Economics at East China Normal University) expands on the Covid-19 pandemic’s effects on China’s foreign trade and national economic development and its potential progress in 2021 and 2022. The pandemic has, amongst other things, disrupted the global supply chains and dragged the global economy and the repercussions were and will be felt in all economic and societal sectors.

https://www.uib.no/en/fremmedsprak/142404/grappling-crisis

21ST April  (12–13.30): CLAIMING LABOUR RIGHTS

Daniel Fuchs (a postdoc at the Department of Asian and African Studies at Humboldt University) based on his long-term fieldwork in China, provides insights into migrant labour unrest’s current characteristic that can be felt in the country currently as well as situates them within the history of worker protests in reform China.

https://www.uib.no/en/fremmedsprak/142405/claiming-labor-rights

If you have questions regarding the lectures, please contact Julia Marinaccio: Julia.Marinaccio@uib.no

This blog post was written by one of the Center’s interns, Sukhman Gill. Sukhman is from Finland but did her LL.B in England. She is currently doing a Master’s in International Business Law at the University of Helsinki and a M.Sc. in Economics and Business Administration at Hanken School of Economics. She is particularly interested in Comparative Law, Cross-Border Transactions and Intellectual Property Law.

European China Law Studies Association to hold the 15th Annual Conference

When: 24- 26 September 2021

The 15th Annual Conference of the European China Law Studies Association (ECLS) will be hosted by the Polish Research Centre for Law and Economy of China and the University of Warsaw School of Law and Economy of China. Since the ECLS’s main objective is to encourage comparative and interdisciplinary research on Chinese law, the conference will be a platform for scholars and professionals to exchange their ideas about Chinese law and policies. The organizers hope for many contributions in form of papers and presentations on the general topic of China’s legal system and in particular its recent development.

Although there is no strict specification on the choice of topic, the organizers especially welcome submissions that concern the following themes:

  • Blockchain, big data & artificial intelligence in China
  • Sino-US trade war and its legal implications for Europe
  • Legal aspects of the Belt and Road Initiative
  • Codification of Laws in China
  • Rule of Law and Chinese Constitutionalism
  • Chinese and Comparative Labour Law
  • Legal Issues of Poland-China Relations
  • Chinese law and society
  • China’s new structure of Party and state
  • National supervision law and the new supervisory mechanism
  • New developments in China’s judicial reforms
  • China in the international legal order.

Call for abstracts:

The ECLS welcomes the submission of abstracts/ papers for presentation, as well as proposals for full panel sessions. Both abstracts (max. 300 words) and proposals for panel sessions (max.1000 words) should include the title of the paper; name, institution, and email address of the author(s); and up to five keywords. Proposals for panel sessions should furthermore include abstracts of all proposed papers as well as a short integrative statement explaining the theme of the panel (all in one document).

Proposals for panels on recently published books are welcomed as well and are required to include a short explanation of the book’s importance and brief biographies of the participants.

Alternate formats of presentation as well as the participation of young researchers are also encouraged.

Proposals should be submitted online; the submission form can be found here: http://chinalaw.wpia.uw.edu.pl/ecls-annual-conference/. All proposals will be subject to peer-review by the organizing committees. The deadline for submissions of abstracts and panel proposals is 30 May 2021, and the deadline for submission of full papers is 6 September 2021.

All questions and suggestions can be addressed to eclswarsaw@wpia.uw.edu.pl.

This blog post was written by one of the Center’s interns, Johanna Fähnrich. Johanna is an exchange student from Germany. She will be studying law at the University of Helsinki until next summer and recently joined the team of the China Law Center because she is interested in learning about different legal systems and comparing them to each other.

Conference on China´s Rise/Asia´s Responses

When: 10-11 June 2021

The 15th Biennial Conference of the Nordic Association for China Studies (NACS) and Nordic Institute of Asian Studies (NIAS)’s 14th Annual Nordic NIAS Council Conference will be organized as a joint virtual conference named “China´s Rise/Asia´s Responses”. The theme of the conference is broad and interdisciplinary. The conference seeks understanding about China´s rising influence in Asia and responses to that by different Asian countries. One of the topics of the conference is Politics and Law so legal researchers are welcomed to participate. Participants can share findings about the occurring and perception of China´s rise and reactions by different Asian states and social actors. The organizers are particularly hoping for interdisciplinary approaches.

The online conference will include keynotes, panels, roundtables and possible other formats, for which suggestions are welcome. Self-organized panels are strongly encouraged. Informal discussions and networking are not to be forgotten either. Participants can be scholars and doctoral candidates in social sciences and humanities. Keynote speakers of the conference include Professor of International Relations, William A. Callahan from London School of Economics, Associate Professor Camilla T. N. Sørensen from Royal Danish Defence College, and Professor Mette Halskov Hansen from University of Oslo.

Call for abstracts: The organizers are inviting proposals for panels, roundtables, and individual papers. Please send individual paper abstracts (max. 250 words), or a panel abstract (max. 300 words) in addition to 250-word abstracts for contributing papers by email to nacsnnc@helsinki.fi by 2pm, 25 January 2021. Abstracts should include name, title/position, email address and institutional affiliation.

Additionally, a two-day PhD workshop will take place before the conference. The workshop gathers promising PhD students concentrating on various Asian related topics. Students will get to present their works and get feedback from senior scholars. For detailed information about the PhD workshop and application instructions, please visit https://www.helsinki.fi/en/beta/chinas-riseasias-responses/phd-workshop. Deadline for applications is 25 January 2021.

More about the conference can be found at https://www.helsinki.fi/en/beta/chinas-riseasias-responses/about

This blog post was written by the Center’s interns, Elias Jakala. Elias is a sixth year law student at the University of Helsinki. He is a Bachelor of Law and trying to graduate as a Master of Law at the end of this semester. In addition to his studies, he works part-time at Attorneys Kuhanen, Asikainen & Kanerva Oy dealing mainly with real estate law. He has a special interest in Chinese law and society. The subject of his master´s thesis concerns attempts to bring German civil law into Chinese legal system at the end of the 19th century and in the beginning of the 20th century. 

 

 

Prof. Kimmo Nuotio giving guest lecture on Criminal Law as Transnational Law at PKU Law School

On 17 November 2020, Professor Kimmo Nuotio, Board Member of the China Law Center joined the 2020 Fall Semester Online PKU Law School Distinguished Global Faculty lecture series. The lecture series aims to further the internationalization of PKU Law School and foster global awareness among law students beyond the confinement of national boundaries.

Professor Nuotio contributed to the series with a presentation on “Criminal Law as Transnational Law”.

If international criminal law is a concept already relatively well-known, the concept of transnational criminal law is still a relatively new one. Neil Boister has proposed an understanding that whereas international criminal law proper is based on values and principles, the transnational criminal law only is about state’s collaborating in addressing issues of cross-border criminality. Accordingly, transnational criminal law deals with international illegal market, where criminal activities often are organised and run for profit. Transnational criminal law deals with a rather scattered set of topics, and the aim is to strengthen the enforcement of the agreed norms by means of international treaties. In his talk, Professor Nuotio presented this scene and discussed the problems in the creation of transnational criminal law, as the most powerful states have had a biggest say in the drafting of such treaties. As a result, transnational criminal law of today has some problematic features, which should be addressed: it should be enlightened. He also talked about how we could relate an enlightened version of transnational criminal law with law and development studies. Finally, he examined if and how transnational criminal law could be transformed and become a genuine global criminal law.

Professor Genlin Liang and Professor Su Jiang from PKU Law School acted as commenters for Professor Nuotio’s lecture. The lecture received positive feedback from PKU Law students who found his topic very interesting, especially regarding transnational criminal law.

CHINA LAW WEEK 2020 SESSION 4: REFORM AND EMERGING ISSUES IN CHINESE PRIVATE LAW AND THE COURT SYSTEM

Chair of the session, Professor Jukka Mähönen, 23 October 2020

The China Law Week 2020 closed with a session on “Reform and Emerging issues in Chinese Private Law and the Court System”. It was chaired by Jukka Mähönen, Professor of Cooperative Law at the University of Helsinki and Professor of Law at the University of Oslo.

 

Professor Jin Haijun speaking on “Legal Reform and the New Chinese Civil Code: An Introduction”, 23 October 2020

In the first presentation, Professor Jin Haijun from Renmin University gave a brief insight into the Chinese newly made civil law codification. The new Chinese Civil Code was adopted in May 2020 and will be effective from the beginning of next year. Even though the Civil Code is new, Professor Haijun emphasized that most parts of its legislation are not new. For instance, already existing corporative law was basically incorporated in the new civil code. According to Professor Haijun, intellectual property rules were a hot topic during the drafting of the code. Professor Juha Karhu from the University of Lapland commented on the presentation by mentioning for example the way that the code was built putting together different pieces.

Professor Juha Karhu speaking on “Nordic Perspective on the New Chinese Civil Code”, 23 October 2020

Professor Karhu then proceeded with his presentation on the Nordic perspective on the new Chinese Civil Code. Some civil codes of the modern time were discussed, and their economic, political, and cultural background were explored to see why and how the codes were born. The presenter talked about the French Civil Code, the German “Bürgerliches Gesetzbuch”, the situation in the US, and the Chinese Civil Code 2020. Notably, the Chinese Civil Code is based on the economic rise with the opening-up policy and the socialist market economy. The Code also shows Chinese characteristics. It is inspired by various legal systems, but the systematic nature is based on the endemic questions in China.

Dr. Kangle Zhang speaking on “Emerging Issues in Chinese Finance & Business Law”, 23 October 2020

The third presentation was given by Dr. Kangle Zhang from Peking University Law School about emerging issues in Chinese finance & business law. In Dr. Zhang’s opinion, China is moving towards financial liberalization. There is a trend of providing necessary capital and offering the customers better returns than bank deposits. The establishment of Shanghai pilot free trade zone helps ease legal burden for trading and financial purposes.

 

Dr. Wei Qian speaking on “Do Positive Disability Policies Promote Social Inclusion of the Disabilities in China?”, 23 October 2020

The fourth presentation was held by Dr. Wei Qian from the China University of Labour Relations, School of Labour Relations and Human Resources. The pandemic raised a number of issues where the group of disabled elderly people were particularly affected. Local governments in China were fast to enact new policy, and set disabled people, as well as children and elderly people as priority groups that will receive special attention in any big crisis. Dr. Qian talked about how disability policies in China promote the social inclusion of disabled people and how the policies changed under the current Covid-19 situation.

Professor Björn Ahl speaking on “Chinese Court Reforms and their Impact on Decision Making”, 23 October 2020

The last presentation of the day and the China Law Week was held by Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne. He outlined the Chinese court reforms and their impact on decision making. According to Professor Ahl, there has been a contradiction in the reform dynamics between law and the political context within the judicial reform in China. This reform can be seen from a political context where there has been an enhanced dominant party state with violations of human rights. On the other hand, reform of the legal institutions has taken place where judges enjoy more autonomy in decision making to an extent that they never have been.

 

With 19 chairs and speakers from 7 countries and over 70 participants from 15 countries, the China Law Week 2020 had connected people with interest in Chinese law and legal culture from all over the world. Offering presentations and discussions on a broad spectrum of topics, the event had provided a valuable opportunity to learn more about the latest developments in the world of Chinese law.

The Finnish China Law Center would like to thanks the chairs, speakers, and participants conference for having made the China Law Week 2020 a resounding success. We hope to see you again in the Nordic China Law Week 2021!

 

The Center would like to thank our interns, Elias Jakala, Anwar Al-Hamidi, Anqi Xiang, Annette Rapo, and Johanna Fähnrich for contributing text for this article.

CHINA LAW WEEK 2020 SESSION 3: NEW CHALLENGES FOR CHINA’S BELT AND ROAD INITIATIVE

Chair of the session, Professor Björn Ahl, 22 October 2020

The China Law Week 2020 continued with the third session on “New Challenges for China’s Belt and Road Initiative (BRI)”. It was chaired by Björn Ahl, who is Professor and Chair of Chinese Legal Culture at the University of Cologne and Visiting Professor at the University of Helsinki.

 

Professor Julie Yu-Wen Chen speaking on “The Localized Approach in Understanding One Belt One Road’s Impacts”, 22 October 2020

Julie Yu-Wen Chen, Professor of Chinese Studies and Director of the Confucius Institute at the Faculty of Arts at the University of Helsinki, gave the first presentation. Professor Chen talked about the localized approach in understanding One Belt One Road (OBOR)’s impacts. Her presentation covered two parts: the problems of China-centric approaches when studying the BRI’s actual impacts and the theoretical framework. Professor Chen uses the strategic action field (SAF) for her BRI research, which she defined as a “socially constructed arena” where actors constantly pull and haul their interests on a particular space and issue due to their contentious or unclear nature.

Professor Ronald C. Brown speaking on “China’s BRI in Central Eastern European Countries: “17+1”: Connectivity, Divisiveness, or Pathway to EU-China?”, 22 October 2020

The session continued with a presentation by Professor Ronald C. Brown. Professor Brown centered his presentation on China’s BRI in Central Eastern European Countries, through the concept of 17+1. The main issue here is whether the 17+1 concept helps China to connect with the EU or whether it divides it or could lead to a pathway to EU-China “pre-trade agreement”. BRI gains connectivity to China and maximizes economic growth opportunities but the questions of who is more important (EU or China) for 17+1 countries and who to give loyalty to if there is a conflict linger.

 

Professor Jin Haijun speaking on “An Overview of Intellectual Property Protection and Cooperation under the BRI”, 22 October 2020

Professor Jin Haijun from Renmin University held the next presentation with the title “An Overview of Intellectual Property Protection and Cooperation under the BRI”. He emphasized that China has launched several initiatives such as the Digital Economy International Cooperation Initiative and the Joint Statement on Pragmatic Cooperation in the Field of Intellectual Property for the BRI countries. China has further opted to include IP provisions in the Civil Code. It also has specialized IP courts and tribunals. China has also placed special attention on constant reforms for IP action, protection and cooperation among BRI countries, and patent court system reforms.

Professor Yifeng Chen speaking on “Transnational Labour Protection and the Belt and Road Initiative”, 22 October 2020

Associate Professor Yifeng Chen from the Peking University Law School followed with a presentation about transnational labour protection and the BRI. He highlighted the labour dimension of the BRI and introduced different approaches to incorporate labour into the BRI. They are: using the ILO conventions and encouraging ratification, promoting ILO fundamental labour rights protection, incorporating labour into international economic arrangement, and encouraging corporate social responsibility.

 

Professor Matti Nojonen speaking on “China’s Arctic Policy and the “Polar Silk Road” Initiative”, 22 October 2020

In the fifth presentation, Professor Matti Nojonen from the University of Lapland discussed China’s Arctic Policy and the “Polar Silk Road” Initiative. A few years ago, China introduced the “Polar Silk Road” Initiative. China has been involved in Arctic affairs and the Nordic economy for decades, which makes it easy for most states to adjust to the new project. Of course, there are still a lot of challenges to face. The project must be adjusted to local circumstances such as the existing national law and all involved countries and companies have to reach agreements on specific strategies.

The session closed with a panel discussion under the motto “What are the emerging challenges of the BRI?”

Panel discussion: Emerging challenges for the BRI, 22 October 2020

The Center would like to thank our interns, Sukhman Gill, Elias Jakala, Li Yuan, Anwar Al-Hamidi, Anqi Xiang, Annette Rapo, and Johanna Fähnrich for contributing text for this article.

 

CHINA LAW WEEK 2020 SESSION 2: CHINESE LABOUR LAW IN INTERNATIONAL AND COMPARATIVE PERSPECTIVES

Chair of the session, Professor Ninon Colneric, 21 October 2020

The second session of the China Law Week 2020 was held under the theme “Chinese Labour Law in International and Comparative Perspectives”.  The Chair of the session was Professor Ninon Colneric, former Judge at the Court of Justice of the European Communities and Co-Dean at the China-EU School of Law at the China University of Political Science and Law.

 

Professor Sean Cooney speaking on “Digital Platforms and New Challenges for Labour Law”, 21 October 2020

Sean Cooney, Professor of Law at Melbourne Law School, University of Melbourne held the first presentation on labour and employment law challenges of digital platform-based employment. These platforms provide flexibility and opportunities for the workers and convenience for the consumers. However, empirical studies show that this new method of organizing labour is not without problem. The main questions addressed during the presentation are: should the workers be treated as employees, what collective bargaining should be allowed, how do the workers access social protection systems, and what methods are used for dispute resolution.

Professor Ulla Likkunen speaking on “International Employment Contracts in China – the Influence of Labour Law and Private International Law Trends”, 21 October 2020

The second presentation by Ulla Liukkunen, Professor of Labour Law and Private International Law at the University of Helsinki and Director of the Finnish China Law Center was entitled “International Employment Contracts in China – the Influence of Labour Law and Private International Law (PIL) Trends”. The presentation discussed Chinese PIL and cross-border labour questions about international employment contracts. She noted that in China, PIL is still a young field of law with a late policy start. The development of Chinese PIL requires broader attention as labour rights need safeguards in a cross-border setting that substantive law alone cannot afford.

Associate Professor Yan Dong speaking on “Labour Disputes of Chinese Posted Workers in the B&R Countries”, 21 October 2020

The third presentation “Labor Disputes of Chinese Posted Workers in the B&R Countries” was held by Yan Dong, Vice-Dean and Associate Professor at Beijing Foreign Studies University School of Law . He presented his research about Chinese workers posted in B&R countries. The number of Chinese posted workers increased gradually. However, the current literature gap exists. Data about workers’ labor issues in the B&R countries is incomplete. There are insufficient legal rules about applying Chinese labour laws under the doctrine of overriding mandatory rules. The research design is to collect all the cases by investigating the labor dispute in the B&R countries. The aims of Professor Dong’s study are to uncover the labor issues and test the doctrine of overriding mandatory labor rules in action.

Professor Ronald C. Brown speaking on “Labor Law Adjustments for Workers in China and the U.S. during the Pandemic”, 21 October 2020

The fourth presentation was given by Ronald C. Brown, Professor of Law at the University of Hawai’i Law School . In his presentation, he discussed how the Covid-pandemic has affected labour law in China and the US. When looking at reported cases and deaths, China has survived the pandemic more successfully. The presentation looked at reasons in labour law changes that contributed to this feat. On a high level, the approaches were very similar: funding packages, lockdowns, and mask recommendations, but the results were different. The presentation showed comparatively how high level policies were implemented and how the different cultures reacted to the response on a micro level.

Assistant Professor Yan Tian speaking on “The Change of the Image of Worker in China’s Law of Bankruptcy”, 21 October 2020

The session closed with a presentation by Yan Tian, Assistant Professor and Assistant Dean at Peking University Law School. His speech was about the images of workers on China’s law of bankruptcy. Professor Tian first compared the old and new laws of bankruptcy to observe the changes in the images of workers. Secondly, he compared the laws of bankruptcy and the Chinese constitution. Finally, Professor Tian compared the past and future of the laws of bankruptcy.

The Center would like to thank our interns, Jakub Pincha, Zhe Zhao, Li Yuan, and Johanna Fähnrich for contributing text for this article.

 

CHINA LAW WEEK 2020 SESSION 1: CHINESE LAW AND LEGAL CULTURE – A DIVERSITY OF APPROACHES

The China Law Week 2020 kicked off with the first session entitled “Chinese Law and Legal Culture – a Diversity of Approaches”. The session was chaired by Professor Pia Letto-Vanamo, Dean of the Faculty of Law, University of Helsinki.

Chair of the session, Professor Pia Letto-Vanamo  speaking on “Taking Account of History When Researching Contemporary Law”, 20 October 2020

The session began with a presentation titled “Taking account of History When Researching Contemporary Law” by Professor Letto-Vanamo. She emphasized the importance of history when researching comparative differences. In Professor Letto-Vanamo´s opinion, knowledge of contemporary politics alone is not sufficient to understand the reasons for comparative differences. She found that the only way to understand Chinese Law is to understand its history, not just legal history but for instance philosophical history and general Chinese mentality as well.

Professor Björn Ahl speaking on “Different Approaches to Chinese Legal Culture”, 20 October 2020

In the second presentation of the session, Professor Björn Ahl from the University of Cologne discussed the different approaches to Chinese legal culture. He first explained the Chinese legal culture, observing that Chinese legal culture as a residual concept lacks explanatory value, invites essentialized approaches to Chinese culture, and more prone to legal orientalism. Professor Ahl then introduced the Chinese legal culture in law-related Chinese studies at the University of Cologne, pointing out that learning Chinese law needs to start from an external and comparative perspective.

Associate Professor Joanna Grzybek speaking on “Dispute Resolution in China: A Language Perspective “, 20 October 2020

The third presentation on “Dispute Resolution in China: A Language Perspective” was given by Associate Professor Joanna Grzybek from Jagiellonian University in Kraków, who is also Deputy Head of the Polish Centre for Law and Economy of China. Professor Grzybek started by giving the overall legal status regarding dispute resolution in China. She stated that due consideration should be given to how language affects international communication and our frames of mind. She stressed that not only legal, but also historical and sociological angles are needed in legal linguistics research.

Professor Johanna Niemi speaking on “Law and Gender: Finnish and Chinese Perspectives”, 20 October 2020

Professor Johanna Niemi from the University of Turku gave the next presentation on “Law and Gender: Finnish and Chinese Perspectives”. She focused on the positioning of the researcher while doing research in another culture and especially when working with the experts from a society different from the one the researcher is custom to. She highlighted the importance of remembering that post-colonial is not just history in many countries but something that still has an impact on the work culture and relationships to other countries even today.

Professor Kimmo Nuotio speaking on “Criminal Law in the Context of Rule of Law: Finnish and Chinese Perspectives”, 20 October 2020

The session closed with the last presentation about “Criminal Law in the Context of Rule of Law: Finnish and Chinese Perspectives” by Professor Kimmo Nuotio from the University of Helsinki. Professor Nuotio talked about how differently Finland and China approach criminal law and the concept of rule of law. In Finland, criminal law has to be compliant with the constitution, meaning that the state must ensure the protection of every individuals’ rights as well as the division of powers and an independent judiciary. In China, however, criminal law has a long tradition of enforcing justice with harsh methods and not guaranteeing fundamental rights or independence of the judiciary.

The Center would like to thank our interns, Elias Jakala, Li Yuan, Anwar Al-Hamidi, Sukhman Gill and Johanna Fähnrich for contributing text for this article.