Category: Event

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GUEST LECTURE BY PROF. XI CHAO ON SECURITIES REGULATION IN CHINA

On 21 August 2017, the Finnish China Law Center hosted a guest lecture by Professor Xi Chao, Vice-Dean and Vice Chancellor’s Outstanding Fellow of the Faculty of Law, The Chinese University of Hong Kong.

The lecture, titled ‘Biased Securities Regulators? Evidence from China’, was introduced by Professor Ulla Liukkunen, Director of the Finnish China Law Center.

Prof. Xi Chao, Vice-Dean of the Faculty of Law at The Chinese University of Hong Kong, discussing his research on Chinese securities regulators.

In his presentation, Prof. Xi discussed the much-debated question of whether securities regulators are sensitive to considerations that extend beyond the ‘mere merits’ of a case. While this question has received attention in the United States, little is known about the determinants of enforcement actions taken by regulators of Chinese securities markets.

Why is this important? Among other reasons, because the Chinese securities market is the second largest in the world.

During a stimulating presentation and discussion, Prof. Xi discussed his empirical research that involved manually collecting a new dataset on all so-called ‘disclosed’ securities enforcement actions, both formal and informal, taken against securities violations by Chinese securities regulators between 1998 -2016.

Prof. Xi’s research demonstrates that larger Chinese firms, those controlled by the state, those that are more politically embedded, and firms that cooperate more closely with securities regulators, are less likely to be targeted by regulatory enforcement actions. In addition, when these types of firms are targeted, they are more likely to fare better.

On the other hand, Prof. Xi’s research revealed what he considered a ‘counter-intuitive finding’: that closer personal bonds between people working in Chinese firms and securities regulators are likely to reduce the severity of enforcement actions, but are unlikely to minimize the likelihood of being targeted in the first place.

During his visit to Finland, Professor Chao also taught in the University of Helsinki Summer School Course, ‘Law and Society in China‘, coordinated and taught by the Finnish China Law Center’s postdoctoral researcher Dr. Yihong Zhang.

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UPCOMING GUEST LECTURE: SECURITIES REGULATION IN CHINA, PROF. XI CHAO, 21 AUGUST 2017

The Finnish Center of Chinese Law and Chinese Legal Culture and Faculty of Law, University of Helsinki are pleased to announce a guest lecture by Professor Xi Chao, Vice-Dean of the Faculty of Law, Chinese University of Hong Kong:

‘Biased Securities Regulators? Evidence from China’

TIME: 2 – 4pm, Monday August 21

PLACE: Law Faculty Meeting Room (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).

The event is free of charge, open to everyone and no registration is needed.

Lecture overview

In the aftermath of the Global Financial Crisis, a much debated topic in the academic and policy discourse on securities regulation is whether securities regulators are sensitive to considerations beyond just the merits of the case. While the literature is growing in regard to securities enforcement in the United States, little is known as of yet about the determinants of enforcement actions taken by the primary regulators of the Chinese securities markets, the second largest in the world. This research draws on a unique, hand-collected dataset on all disclosed securities enforcement actions, both formal and informal, taken against securities violations by the Chinese securities regulators during the period from 1998 through 2016. It offers a glimpse into the intensity of securities enforcement actions, both market-level and firm-level, in China. It also sheds important light on the determinants of Chinese securities enforcement practices. It shows empirically that firms that are larger in size, firms that are controlled by the state, and firms that characterize with a higher level of political embeddedness, and firms that cooperate more closely with the securities regulators are less likely to be targeted and, when they are targeted, they are more likely to fare better. A somewhat counter-intuitive finding of this research is that a closer personal bond with the securities regulators are likely to reduce the severity of enforcement actions, but are unlikely to minimize the likelihood of being targeted in the first place.

This research has been supported by a General Research Fund (CUHK-452913) from the Hong Kong SAR Research Grants Council.

Biography of Professor Xi

Dr Xi is Professor and Vice Chancellor’s Outstanding Fellow of the Faculty of Law, The Chinese University of Hong Kong (CUHK). He specializes in comparative corporate law, securities regulation, and financial regulation, and has published extensively in leading peer-reviewed international journals. He is Professorial Research Associate of the SOAS China Institute, University of London, and a Board Member of the European China Law Studies Association.

Further information

For questions about this, and other events organized or facilitated by the Finnish Center of Chinese Law and Chinese Legal Culture, please contact Center Coordinator Stuart Mooney (stuart.mooney (at) helsinki.fi).

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8th Sino-Finnish Bilateral Seminar on Comparative Law, 28-29 August 2017 (Helsinki and Tampere)

The Finnish Center of Chinese Law and Legal Culture, the University of Helsinki and the University of Tampere are proud to announce that the 8th Sino-Finnish Bilateral Seminar on Comparative Law will be held in Helsinki and Tampere on 28-29 August 2017.

The seminar brings together senior academics from China and Finland to discuss current legal issues. The seminar is held once a year, alternately in China and Finland.

All interested people are invited to attend. The seminar is free of charge. Further details, including a seminar program and an attendance registration form, are available at the seminar’s event page.

We warmly welcome participation and look forward to fruitful and rewarding sharing of perspectives on topical and important legal issues of mutual concern.

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8th Sino-Finnish Bilateral Seminar on Comparative Law: 28-29 August (Helsinki and Tampere)

The Finnish Center of Chinese Law and Legal Culture, the University of Helsinki and the University of Tampere are proud to announce that the 8th Sino-Finnish Bilateral Seminar on Comparative Law will be held in Helsinki and Tampere on 28-29 August 2017.

The seminar brings together senior academics from China and Finland to discuss current legal issues. It is held once a year and the location alternates between China and Finland.

Day 1 of the seminar will begin with registration between 8:30–9:15 at the University of Helsinki (Hall 1, Metsätalo, Unioninkatu 40, Helsinki).

Day 2 of the seminar will be held in Tampere, and will begin with registration between 9:30–10:00 at the University of Tampere (Arvo Hall F025 (“Yellow Hall”), Arvo Ylpön Katu 34, Tampere). The precise location of the venue can also be found in this Tampere University campus map (‘Arvo-Rakennus, building number 8’).

The full program (pdf) of the event is as follows:

Monday, 28 August 2017

University of Helsinki

Hall 1, Metsätalo, Unioninkatu 40, Helsinki

8:30–9:15      Registration

9:15–9:45      Opening Ceremony

Professor Kimmo Nuotio, Dean of the University of Helsinki Faculty of Law, Chair of the Board of the China Law Center

Professor Li Lin, Director of Institute of Law, CASS

Professor Ulla Liukkunen, University of Helsinki, Director of the China Law Center

9:45–11:30    Session I: Developments in Child Law

Chairs:
Associate Professor Wang Xiaomei, Institute of Law, CASS
Post-Doctoral Researcher Dr. Guilherme Vasconcelos Vilaca, University of Helsinki

Associate Professor Suvianna Hakalehto, University of Eastern Finland: Children’s Rights at School in the Nordic Countries

Professor Xie Zengyi, Institute of Law, CASS: How to Respond to the Two Child Policy – From the Perspective of Labor and Social Security Law

Commentator: University Lecturer Dr. Niina Mäntylä, University of Vaasa

Discussion

11:30–13:00  Lunch

13:00–14:30  Session II: Recent Developments in Transport Law

Chairs:
Professor Xie Zengyi, Institute of Law, CASS
Professor Pia Letto-Vanamo, University of Helsinki

Professor Ellen Eftestöl-Wilhelmsson, University of Helsinki: A Sustainable Transport Industry – the Role of Environmental Information

Associate Professor Li Zhong, Institute of Law, CASS: Recent Developments in Transport Law in China

Commentator: Professor Lena Sisula-Tulokas, University of Helsinki

Discussion

14:30–15:00    Tea and coffee

15:00–16:30    Session III: Public Procurement

Chairs:
Professor Li Honglei, Institute of Law, CASS
Professor Juha Raitio, University of Helsinki

University Lecturer Dr Kristian Siikavirta, University of Vaasa: European and Finnish Public Procurement System and Experience

Associate Professor Wang Xiaomei, Institute of Law, CASS: Empirical Study on Transparency in Public Procurement in China: Institution, Current Situation and Prospects

Commentator: Post-Doctoral Researcher Dr. Zhang Yihong, University of Helsinki

Discussion

16:30             Closing of the first day



Tuesday, 29 August 2017

University of Tampere

Arvo Hall F025 (“Yellow Hall”), Arvo Ylpön Katu 34, Tampere

9:30–10:00    Registration

10:00–10:15  Opening of the second day

Professor Li Lin, Director of Institute of Law, CASS

Professor Antti Lönnqvist, Dean of the Faculty of Management, University of Tampere

10:15–11:30  Session IV: Developments of Environmental Law

Chairs:
Associate Professor Jin Shanming, Institute of Law, CASS
University Lecturer Dr. Matti Urpilainen, University of Tampere

Professor Antti Belinskij, University of Eastern Finland: International Water Conventions and Finnish-Russian Cooperation

Professor Li Honglei, Institute of Law, CASS: Judicial Review of Environmental Impact Assessment Decision-making in China

Commentator: Senior Researcher Dr. Yulia Yamineva, University of Eastern Finland

Discussion

11:30–12:45   Lunch

12:45–14:30  Session V: Environmental Rights in the Constitution

Chairs:
Professor Ida Koivisto, University of Tampere
Associate Professor Li Zhong, Institute of Law, CASS

Adjunct Professor and University Lecturer Jukka Viljanen, University of Tampere: The Environmental Constitutional Right in Finland: Achievements, Problems and Prospects

Associate Professor Jin Shanming, Institute of Law, CASS: The Constitutional Protection of Environmental Right and its Reflections in China

University Teacher Heta Heiskanen, University of Tampere: International Human Rights Obligations Contributing to Finnish Environmental Rights

Commentator: Post-Doctoral Researcher Sanna Kopra, University of Lapland

Discussion

14:30–15:00   Tea and coffee

15:00–16:00 Closing Ceremony

Professor Li Lin, Director of Institute of Law, CASS

Professor Ulla Liukkunen, University of Helsinki, Director of the China Law Center

Adjunct Professor and University Lecturer Jukka Viljanen, University of Tampere

End of seminar.

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Prof. Liu Zuoxiang holds a lecture on “The Relationship between Party Regulations and National Law” at the Center

Professor Liu Zuoxiang, Director of the Institute of Rule of Law and Human Rights at Shanghai Normal University, College of Philosophy, Law and Political Science, held a lecture titled “The Relationship between Party Regulations and National Law” at the China Law Center on May 30, 2017. After Prof. Liu’s lecture, Zhang Kangle, doctoral researcher at the University of Helsinki, Faculty of Law and research fellow at Erik Castrén Institute of International Law and Human Rights, commented on Prof. Liu’s research.

Zhang Kangle (left), Prof. Liu Zuoxiang, Ulla Liukkunen, Director of the Center, and Kimmo Nuotio, Dean of the UH Faculty of Law (right) after the lecture. Prof. Liu presented his latest publication and donated the book, together with his other works, to the Center’s library.

Currently, there is an ongoing academic debate in China on whether or party regulations applied to the members of the Chinese Communist Party (CCP) may be considered national laws. Some scholars have argued that party regulations are in effect national laws. In his presentation, Prof. Liu demonstrated how party regulations and national laws are distinct from one another.

In a country run by the rule of law, the political party is not a legislative body – national laws must be based on the Constitution. The regulations or “norms” assumed by the party for its members cannot therefore be regarded as binding laws on the whole population. The role of the party is to ensure that its ideals, beliefs and aims are realized, enabled through self-discipline and strict administration of its members. Party rules are therefore applied only to party members in order to restrict their behaviour and ensure the members’ commitment to party ideals. The national law, on the other hand, is the basis of conduct for all citizens and embodies the will of the country, and therefore cannot be as strict and ideals-based as the rules for party members.

Yet, party rules can also be made into laws through a legislative process. Indeed, much of the regulations of the CCP have actually become national law, which may be the source of confusion between the two. Since the reform and opening up policy in the late 1970s, the CCP has been the main organ to pass laws. However, all laws passed by the party must first go through the National People’s Congress. Such power dynamics demonstrates that while being the organ to exercise state power, the party is still constrained by the Constitution, the will of the people and the rule of law.

Even though there are clear distinctions between party regulations and national law, there is still much confusion around the topic. One solution, proposed by a government official, is to apply a model of two governance systems, one for the party and another for the country. The two-system solution would clarify the application of party regulations and national laws and improve the party’s capacity to govern the country. Yet, challenges considering such an approach have arisen – for instance, whether party regulations should be applied over national law or vice versa, or whether or not the violation of party regulations, if not considered as legal code, should be punishable by law.

The distinction of party regulations and national law is a very timely topic, and Prof. Liu’s attempt to shed light on the ongoing debate in China was fascinating indeed. The development of the relationship between party regulations and national law will be interesting to follow, and is an issue that China watchers, researchers and those interested in the rule of law development in China should keep an eye on.

Author: Cristina D. Juola

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Professor Shen Wei holds a lecture on Arbitral Awards Enforcement in China

Dean, Professor Shen Wei from Shandong University Law School held a lecture titled “Entanglement between Judicial Centralization and Local Protectionism in China: the Case of Arbitral Awards Enforcement” at the Finnish China Law Center on May 23, 2017. During his presentation, Prof. Shen presented empirical data on the internal reporting system in Chinese courts, and whether the system has been effective at tackling local protectionism and discrimination against foreign parties.

The internal reporting system on enforcing arbitral awards involving at least one foreign or foreign-related party was put in place as a part of an effort to combat local protectionism. If local courts make a decision not to recognize and enforce an arbitral award, the case is automatically reported to the provincial court. If the provincial court stays with the decision of the local court, the case is further reported to the Supreme Court for a final revision. The provincial courts may also reverse the outcome and decide to recognize and enforce the arbitral award. None of the cases that are enforced at lower levels are reported to higher levels. The cases that do not get enforced reach the Supreme Court, in which case the judges may choose to reverse the outcome and enforce the arbitral award.

Data published in 2015 by the research institute working under the Supreme Court shows that of the 98 cases involving at least one foreign or foreign-related party that have been reported during twenty years of the system’s existence, only 39 cases have not been enforced after the case had been reviewed by the Supreme Court. Of these 98 cases, 20 were initiated by domestic parties while 78 were initiated by foreign parties.

Prof. Shen’s findings show that while local courts have vested interests to support local parties, the Supreme Court is likely to enforce the arbitral award in favour of the claimant. As unrecognized cases are reported to the higher levels, a discriminative decision by local courts in favour of local parties is likely to be reversed and the award enforced by the Supreme Court. China ratified the New York Convention in 1986, and the Supreme Court is more inclined to follow the obligations assigned by the treaty. The Supreme Court is also more likely to support foreign investment and thus enforce an arbitration award claimed by a foreign party.

The fact that most of the cases are initiated by a foreign party indicates that foreigners are more likely to rely on the internal reporting system to receive a just outcome, whereas local courts are more likely to enforce the claims of domestic claimers. However, the rate of reversed outcomes by the Supreme Court is same both for foreign and domestic initiated cases. Prof. Shen’s analysis also indicates that protectionism is more likely to occur in economically less developed areas, whereas local courts in more economically developed regions have accumulated experience and are less likely to favour local parties.

Overall, China’s centralized arbitration awards enforcement system is a foreign-friendly mechanism. The centralization of decision-making to the Supreme Courts through the internal reporting system has been effective to combat local protectionism and is favourable towards foreign investment. However, transparency still lacks in reporting on purely domestic cases, as cases involving purely domestic arbitrary awards enforcement are not reported to the Supreme Court.

Prof. Shen and Ulla Liukkunen, Director of the China Law Center.

Dean, Professor Shen Wei is a lawyer qualified in New York practicing, mostly in Hong Kong, on foreign direct investment, private equity and mergers and acquisitions. His main research interests include financial regulation, corporate governance, international investment law and commercial arbitration. Professor Shen has published more than 130 articles in Chinese and English journals, and is the author of the books: Rethinking the New York Convention – A Law and Economics Approach (Cambridge: Intersentia 2013), The Anatomy of China’s Banking Sector and Regulation (Wolters Kluwer 2014), How Is International Economic Order Shaped? – Law, Markets and Globalisation (China Law Press 2014), Corporate Law in China: Structure, Governance and Regulation (Sweet & Maxwell 2015), and Investor Protection in Capital Markets – The Case of Hong Kong (Sweet & Maxwell 2015).

Professor Shen is an arbitrator with Hong Kong International Arbitration Centre, Shanghai International Arbitration Centre, Shanghai Arbitration Commission, and Shenzhen International Court of Arbitration. He is also the Global Professor of Law, New York University School of Law, and Adjunct Research Professor at the Centre for Banking & Finance Law (CBFL), National University of Singapore.  Professor Shen Wei has visited the Center twice before. In September 2013, he spoke on international investment arbitration in China, and in May 2016, his talk involved with ADR and Arbitration of International Financial Disputes in Shanghai.

Author: Cristina D. Juola

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Prof. Liu Zuoxiang on “Chinese Structure of Social Order in a Period of Transformation”

Director of the Institute of Rule of Law and Human Rights at Shanghai Normal University, College of Philosophy, Law and Political Sciences, Professor Liu Zuoxiang held a lecture on “Chinese Structure of Social Order in a Period of Transformation” at the Finnish China Law Center on May 17, 2017. The lecture was followed by questions and comments by the discussants Guilherme Vasconcelos Vilaca, Postdoctoral Researcher at the Erik Castrén Institute, University of Helsinki, and Kangle Zhang, Research Fellow at the Erik Castrén Institute, University of Helsinki, who also worked as a translator during the lecture and discussion. After the lecture and initial comments, the audience posed questions and comments and engaged in a lively discussion.

Zhang Kangle (left), Prof. Liu (middle) and Guilherme Vasconcelos Vilaca (right).

In his lecture, Prof. Liu introduced the traditional social order that has developed in China and compared it to the contemporary one. The traditional Chinese social order was based on the “rule of Li” as opposed to the “rule of law” that exists in the contemporary society. Prof. Fei Xiaotong, a scholar on Chinese social order in the 1940s, described “Li” as a “generally acknowledged and harmonious pattern of behaviour”. The “rule of Li order”, therefore, is one based on traditions and commonly accepted norms, which are not enforced in a top-down manner but by the society itself. Citizens obey the accumulated traditions and social norms out of respect towards the society and to cultivate their moral character and self-constraint. In contrast, a “rule of law order” is maintained by political and state power and is enforced by rules and punishments.

The traditional patriarchal and clan system in China’s rural areas functioned as a source of normative control and unifying force within the community. The clan system was efficient at dealing with issues related to relationships within the clan, in matters related to marriage, property, funerals and the like, and acted as a supportive system to the official state order. However, as the example of Nancun village in Guangdong province demonstrates, patriarchal formations began to break down as a result of rural reforms and the elimination of landlords after 1949. During the second wave of reforms in 1979, state control became more lenient. Some forms of nongovernmental organization re-emerged, but failed to achieve their former authoritative position. Economic conditions improved, the village underwent urbanization, and incentives for social grassroots organization independent of state administration decreased.

Yet, China is still undergoing a transformation from a traditional society and the “rule of Li” to a modern society and the “rule of law”. The case of Nancun village is an example of how traditional order of patriarchal rule and the “rule of Li order” has been replaced by a modern social system, where state power and the rule of law have become the dominant guide for maintaining social order. Indeed, on the institutional level, the contemporary Chinese society has the elements of a modern, “rule of law” state. However, the actual social order has still elements of the “rule of Li” embedded in it, especially in rural areas, where transformation is still taking place. Prof. Li characterizes the current state of the Chinese society as a “pluralistically mixed order”, where order is maintained by the “rule of law” mixed with “rule of Li”, as well as other elements of the traditional Chinese society, such as order based on patriarchy, “rule of virtue” and the “rule of man”. The relationships between people have experienced transformations, but still contain elements of formal and informal ideas of social order.

The coexistence of modern and traditional practices within the contemporary Chinese society point out the complexity of defining the societal structure in explicit terms. The contemporary Chinese society is transforming towards a “rule of law order” and at the same time hold elements of the traditional Chinese order, which makes the current Chinese society pluralistic in nature. Elevated economic wellbeing has replaced tradition and patriarchal relationships as a measure of social standard, a trend further enforced by outside influences amongst the younger generation. However, the traditional order still lies at the basis of the contemporary one, and continues to have a strong influence on it.

Guilherme Vasconcelos Vilaca questioning whether a state has the capability to choose its model of social order or whether one naturally emerges from the reality on the ground. Photo by Zhao Yajie.

Professor Liu Zuoxiang is the Director of the Institute of Rule of Law and Human Rights, Shanghai Normal University, College of Philosophy, Law and Political Sciences. He is also the Vice director of Jurisprudence Institute of Chinese Law Society; Member of branch of Chinese IVR.

Author: Cristina D. Juola

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Book launch: “Rule of Law and Sustainable Development” by Dr Pekka Hallberg

University of Helsinki, Faculty of Law, hosted the book launch of “Rule of Law and Sustainable Development” by Dr Pekka Hallberg, Emeritus President of the Supreme Administrative Court of Finland and the founder of Rule of Law Finland (ROLFI), on April 25, 2017. The author introduced the basic ideas in his book, after which Post-Doctoral Researcher Guilherme Vasconcelos Vilaça, University of Helsinki, and Visiting Researcher Dr Du Junqiang, Xi’an Jiaotong University School of Law, followed with comments and posed questions to the author.

Dr Hallberg introduced a metaphor that he uses to study and observe the development of rule of law, “a house built on solid ground”, and the four dimensional analytical model developed by ROLFI. The model examines the four pillars of the house: legality, separation of powers, rights and obligations of citizens, and functionality of the house. Dr Hallberg introduced each aspect separately, and described how each could be used to observe the development of legality within a country. Each aspect is needed to build a solid foundation for the rule of law within a society. Yet, these factors often develop at different paces and in different order in different countries, depending on their history and cultural roots.

During the commentary that followed Dr Hallberg’s introduction, Dr Vilaça posed an interesting question on the implementation of rule of law. A state’s leadership might have a strategy incorporating all four pillars of the “house” for the implementation of rule of law, the implementation stage might still fail. Finland has a good reputation for its institutions and the development of rule of law – is there something to be learned? Dr Hallberg sees the strength of the Finnish system arising from its bottom-up development and a strong Constitution. The roots of such political organization go back to rise of local communities and self-governing villages in the pre-historic period. Law was perceived as equally binding on authorities as well as on normal citizens. During Finland’s period of autonomy as the Grand Duchy of the Russian Empire (1809-1917), a strong Constitution was developed to guard the basic civil and political rights of Finnish citizens, and was implemented soon after Finland gained independence. A bottom-up approach and a strong constitution remain the basis of the Finnish society and legal culture to this day. However, Dr Hallberg also remarked that all countries have their own, different paths of development that should be respected.

Dr Du’s commentary brought a China-perspective into the discussion. Dr Du emphasized the cultural differences between Finland and China, including the distinct political frameworks. As opposed to the Finnish bottom-up approach, Chinese policy is often guided in a top-down manner. China’s legal and political structures have been deeply influenced by Confucianism and Legalism, the two main schools of philosophy in traditional China, the former of which is based on hierarchical relationships within a family and on one’s place in the social hierarchy. The basic concepts continue to have an influence in modern China, despite enormous changes and transformations in the Chinese society within the past hundred years. Dr Hallberg agreed on the importance of culture and history in analyzing the foundations of legal development, an aspect which he also brings out in his book. Also China’s case is unique: an enormous country with a huge population, whose economy has developed rapidly after the reform and opening up policy was initiated in the late 1970s. The Chinese leadership has since also embarked to establish a rule of law society on its own terms. The gradual incorporation of private ownership, business, human rights and the rule of law into the Chinese Constitution, as well as state policies aimed at strengthening legal frameworks within the country, have been major steps to drive the process forward.

The discussion was followed by more intriguing questions from the audience. Dr Hallberg’s work is a unique piece that compares the development of the rule of law in different parts of the world. The book is built on Dr Hallberg’s first-hand experiences on rule of law projects and his visits to a large number of countries, both developed and developing. It provides cases that elaborate on the differences of the justice system within each country, as well as the basic characteristics – the norms, separation of powers, the status of citizens and the functionality of the system – that set the basis for analyzing the judicial foundation of each individual society.

Du Junqiang, Visiting Researcher (left), Dr Pekka Hallberg, Emeritus President of the Supreme Administrative Court of Finland, Guilherme Vasconcelos Vilaca, Post-Doctoral Researcher, Kimmo Nuotio, Dean of the UH Faculty of Law (right).

Pekka Hallberg, LL. D. and D. Soc. Sc., is Emeritus President of the Supreme Administrative Court of Finland. He has a wide range of experiences in the field: he has performed law-drafting duties at the Ministry of Justice, worked as a researcher, judge and a university professor in administrative law. He is the author of 23 books and 106 original titles, of which many have been published in several languages. His international experience includes being a board member of the Association of the Councils of State Supreme Administrative Jurisdiction of the European Union (ACA, of which he was president during 2000-2002), and a board member of the International Association of Supreme Administrative Jurisdictions (IASAJ/AIHJA) during 1983-2012. He has actively participated in international judicial cooperation by leading the ROLFI, a research unit connected with a network of legal professionals both at a national and international level.

 

Author: Cristina D. Juola

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Du Junqiang gives a lecture on Judicial Reasoning in Traditional China and its Impact on Modern China

Du Junqiang, a researcher from Xi’an Jiaotong University, School of Law, held a presentation on “Judicial Reasoning in Traditional China and its Impact on Modern China” at the China Law Center on April 20, 2017. Kimmo Nuotio, Professor of Criminal Law, and Dean of the University of Helsinki Faculty of Law, opened the event. In his presentation, Dr Du introduced the two competing schools of thought in China, Legalism and Confucianism, and demonstrated how the two opposing perceptions of society and legal practice have been combined in Chinese law at different periods of time, and how they have influenced legal practices.

From left to right: Heikki Pihlajamäki, Matti Mikkola, Du Junqiang, Kimmo Nuotio and Guilherme Vasconcelos Vilaca.

For over a millennium, until the end of the last dynasty in 1911, Confucianism was the main guiding philosophy in China and strongly influenced legal practices in the empire. Opposed to the Western practices of law, where the criminal is viewed as an individual independent of his or her relationship to the victim, punishments in traditional China considered context and morality in criminal judgements. Citizens were expected to act with morality, based their social role and place in the family hierarchy. Confucian principles were embedded in former Legalist practices through Chun-qiu-jue-yu, a new style of judicial reasoning combining the two, and gradually became a part of the legal code. Judges were expected to quote the articles when giving out punishments under the condition of Confucianized Code. The criminal was viewed not as an individual, but in relation to the victim. Punishment for hurting one’s blood relatives, for instance, would be much more severe – punishable with a death sentence – than for hurting a stranger.

However, due to severe criticism towards traditional Chinese values by modern legal reform at the end of the last dynasty and the New Culture Movement in 1919, legal practices became dominated by individualism and to a certain extent Legalism. Confucius virtues of love and social relationships were banished. As opposed to Confucianism, individualism and Legalism do not place any weight on social relationships, but victims are punished based on the committed crime. Yet, even though criticism for Confucian practices has dominated for nearly a century,  elements of traditional culture can still be seen in argumentation for some cases. Ordinary people, some scholars and even some judges today use traditional Confucian legal culture and morality as support for their arguments and judgements. The social role in the family hierarchy is still embedded in the Chinese mindset. Therefore, China’s current judicial reform of judicial reasoning must also consider the legal culture of the old legal system.

Du Junqiang is a lecturer at the Xi’an Jiaotong University Law School and a Visiting Researcher at the University of Helsinki, Faculty of Law. He holds a Master’s Degree in Legal Theory from Zhejiang University and is a PhD of Legal History from East China University of Politics and Law.

 

Author: Cristina D. Juola

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Forthcoming lecture on judicial reasoning in traditional China by Dr. Junqiang Du, Xi’an Jiaotong University School of Law, on April 20, 2017

Welcome to a lecture on Chinese legal history!

Dr. Junqiang Du from Xi’an Jiaotong University School of Law will talk on

“Judicial Reasoning in Traditional China and its Impacts on Modern China”

on Thursday, April 20, 2017, at 3.15 p.m. in Porthania Building, University of Helsinki, at fifth floor, room P 545.

 

China’s long legal history is cogently analysed by TUNG- TSU CH’U in the book Law and society in Traditional China. Obviously, there are topics deserving further research and in this talk I would like to focus on China’s old legal system and culture since some of their aspects last for more than 2000 years while others have been subject to some important transformations.

Although the old legal system formally ended with late Qing Dynasty’s legal reform at the beginning of the 20th century, the legal culture of the old system survived and is still alive in modern society in China. For instance, in some special cases, people use such traditional legal culture as a source of their arguments. And for this reason, China’s current judicial reform aiming to improve judicial reasoning also has to take into account the legal culture of the old legal system.

In this lecture, Dr. Junqiang Du, Lecturer in Law at Xi’an Jiaotong University School of Law, analyses the benefits and drawbacks of judicial reasoning in traditional China and argues that such an understanding is also useful to grasp better Modern China.

Kimmo Nuotio, Professor of Criminal Law, and Dean of the University of Helsinki Faculty of Law, will open the event.

 

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Book Launch: “Rule of Law and Sustainable Development” by Dr. Pekka Hallberg, Emeritus President of the Supreme Administrative Court, on April 25, 2017

Welcome to the book launch of “Rule of Law and Sustainable Development” (2017) by Dr. Pekka Hallberg, Emeritus President of the Supreme Administrative Court of Finland and founder of the research unit Rule of Law Finland ROLFI.

 

Tuesday, April 25, 2017

5.00 p.m. – 7.00 p.m.

Faculty of Law, University of Helsinki

Lehtisali, Porthania Building, 2nd floor

address: Yliopistonkatu 3, Helsinki

 

“Rule of law development for a developing world – The rule of law is fundamental for democracy, a functioning administration and trust in society. Viewed in a social context, the rule of law is also a facilitator of welfare and economic growth. It can improve sustainable development. This is why the strengthening of the rule of law is of essence for many developing nations.“

“Rule of Law and Sustainable Development ” presents a collection of analyses on various aspects of the rule of law and reviews the state of play in different countries. It highlights ways to collaborate in international rule of law development and proposes a comprehensive model for monitoring the rule of law.

 

The book launch will be kicked off with a speech by the writer, Dr. Pekka Hallberg. Post-Doctoral Researcher Guilherme Vasconcelos Vilaça, University of Helsinki, and Visiting researcher, Dr. Junqiang Du, Xi’an Jiaotong University School of Law, will comment on the work.

Join us to celebrate the launch of “Rule of Law and Sustainable Development”!

RSVP appreciated: please send an email to Ms Iina Tornberg (iina.tornberg(at)helsinki.fi).