Third Chinese Finnish Colloquium on Criminal Law

The Third Chinese Finnish Colloquium on Criminal Law will be held online tomorrow 25 November at 8: 40 am (Helsinki Time).

The event is jointly organized by University of Helsinki Faculty of Law and Peking University Law School.

Please see the programme here.

The Zoom link is below.

Meeting ID: 609 313 8826

Pincode: 100402

All are welcome to attend. No registration required.

Speakers at the First Finnish-Chinese Colloquium on Criminal Law in August 2016.

Prof. Kimmo Nuotio giving guest lecture on Methodology of Criminal Law Theory: Art, Politics or Science? at PKU Law School

On 29 October 2022, Professor Kimmo NuotioBoard Member of the Finnish China Law Center held a guest lecture on Methodology of Criminal Law Theory: Art, Politics or Science? as part of the PKU Law School Distinguished Global Faculty Lecture series. The lecture discussed the role of the general doctrines of penal liability in the criminal law theorising.

In 2021, Professor Nuotio published the edited volume “Methodology of Criminal Law Theory: Art, Politics or Science?”  together with Professor Shin Matsuzawa. In his presentation, Professor Nuotio told the story behind this book and introduced some ideas that had come up in the different chapters. One debate concerns the issues was whether we should abandon a normativist approach and move towards a more realist and even causalist understanding of law as the Scandinavian Realists suggested a few decades ago.

He especially discussed the different paths of development as regards the conceptual understanding of the crime, which is a summary of the understanding of the comprehensive system of the different prerequisites of penal liability. He also made some remarks on this search for a concept of crime in a comparative setting.

The German doctrine stands for many as the most progressive and as the ideal model which has been discussed or even copied in many countries. But can it be copied? Professor Nuotio commented on the discussion from a Finnish point of view. The Finnish story tells that a long-term German influence was interrupted after the World War II, and when the connections were built again in the 1980’s, this did not lead to a transfer and direct adoption of German ideas, but rather to a birth of a genuine Finnish doctrine which is related to the German one but which is more pragmatic.  In the Finnish case the development of the national doctrines was linked to the need to modernise the outdated text-books as well as the need to be able to serve the legislature which was about to reform the so-called general part of the Penal Code. German criminal law theory was not he only source of inspiration, since also Swedish and other Nordic law was relevant and served as a point of reference. Also the case law of the Supreme Court of Finland played a role since the doctrine had to be compatible with it as well.

In Finland a legal reform of the general part of the Penal Code was completed in 2004. The provisions on penal liability are more detailed and comprehensive than the original ones included in the general part of the Penal Code of 1889, thus serving the interests of legal certainty as suggested by the criminal law principle of legality. The criminal law principle of legality itself had become listed as one of the fundamental rights of the individual in the Finnish constitution.

Why and How Do We Study Chinese Law in Our Times

On 8 September, the Finnish China Law Center held an informal meeting between Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne and students and researched at the Faculty of Law. This talk was titled as ‘Why and How Do We Study Chinese Law in Our Times’.

The talk highlighted various topics relevant to the students interested in Chinese law: current challenges, the features of Chinese legal system, and many aspects of academic cooperation between Western universities and China. Not least due to China’s zero-Covid strategy, the loss of physical access to Mainland China, Hong Kong and Taiwan has caused damage to academic world. Practitioners and scholars have lost a way to discuss and conduct interviews with each other and the access to primary sources has been limited or made more difficult as a result. In the long run, this isolation might even lead to the lack of interest in the subject by younger researchers if longer stays are not possible.

However, the talk also shined some light on possible career prospects that remain for European students of Chinese law. China and developments of Chinese law will be influential for Europe as well, and despite the current challenges, Chinese markets remain as the most attractive in terms of long-term growth. This indicates why there is an urgent need of expertise on Chinese law in Europe.

Cooperation will not be easy. Academic freedom is limited in China and censorship of research publications is constantly taking place. Demand for cooperation still exists and some speculate Singapore’s development into a center of Chinese law research. For Europe, however, the most crucial thing remains to be the co-ordination of teaching and research of academic institutions in Europe. In any event, cooperation continues to be desired.

The blogpost was written by the Center’s intern, Samppa Penttinen.

Understanding Law with Chinese Characteristics

On 16 September 2022, the Finnish China Law Center hosted a hybrid seminar on the topic of ‘Understanding Law with Chinese Characteristics’. This event was part of the Center’s mini seminar series on topical issues of Chinese law.

On the left: Professor Ronald Brown, 16 September 2022

The seminar consisted of two presentations. The first was by Ronald Brown, Law Professor at the University of Hawai’i Law School and was titled as ‘Chinese Labor Practices, Treaties, Uyghurs, and CAI: Keeping Promises’. In his presentation, Professor Brown was speculating whether Chinese labor policies have shifted towards international standards or is it just that China is changing without change. The presentation examined the latter by calling attention to China’s many reservations of its signed and ratified international agreements.

The debate on Uyghurs have hampered China’s relationship with the West in the recent years. This issue was also raised in the presentation by Professor Brown who pointed out the different language used by the two sides: the West accuses China of ‘genocide’ while China constantly refers to the re-education camps which are needed in the thought-reform of the Uyghurs. The EU-China CAI might be pending, but the US’ new 2022 Uyghur Forced Labor Prevention Act and EU countries’ Due Diligence laws were brought up as new legislation to watch for. Professor Brown concluded his presentation with recent comments by the UN Human Rights Committee that, for China, made an unfavorable assessment of the situation.

 

From left to right: Professor Martin Lavička, Professor Julie Yu-Wen Chen and Professor Ulla Liukkunen, Director of the Finnish China Law Center, Helsinki, 16 September 2022

The second presentation of the day was presented by Martin Lavička, Assistant Professor at Department of Asian Studies at Palacky University Olomouc, and Julie Yu-Wen Chen, Professor of Chinese Studies at the University of Helsinki. The duo discussed the topic of ‘Recent Developments of the Rule of Law with Chinese Characteristics’. Like Professor Brown, this presentation was also opened with a rationale on China’s international law standards before moving onto the on-going discussion about rule of law in China.

The core of the presentation focused on the development of religious freedoms under Xi Jinping. The assessment included a look on the recent administrative measures which, in summary, imply growing control of the party-state. Religious groups are set to function in accordance with the CCP’s ideologies. Assistant Professor Lavička and Professor Chen noted that this process started long before Xi and is set to continue in these times when the CCP’s tolerance to any contesting ideologies is becoming lesser. The duo concluded the presentation by an observation that the convergence of law-in-practice and law-in-books, considering China’s recent developments, may not always be a good thing.

The blogpost was written by the Center’s intern, Samppa Penttinen.

International Law in Chinese Courts

On Tuesday 6 September 2022, Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne and President of the European China Law Studies Association, gave a guest lecture at the Finnish China Law Center. The topic of his presentation was ‘International Law in Chinese Courts’.

Professor Björn Ahl, Helsinki, 6 September 2022

The lecture discussed Chinese law and legal scholarship on the domestic effects of international law, application of international law by Chinese courts, Chinese courts’ interpretation of international law and domestic law and Chinese courts’ participation in international norm-making.

The Chinese Constitution does not stipulate the effects of international law within the domestic legal system. However, ordinary legislation and judicial interpretations of the Supreme People’s Court include enabling clauses that mandate the direct application of international law under certain conditions . However, in recent years, provisions that refer to international law were removed from legislation which signals that international treaties have become less relevant for domestic courts. General observations of Chinese scholarship shows that domestic courts display a conservative attitude towards international law and often hesitate to apply treaty provisions.

Professor Ahl went on to examine application of international law by Chinese courts especially in case of IP, human rights, double taxation avoidance  and diplomatic and consular treaties, as well as their interpretation of international law. He observed that domestic courts have developed a consistent practice of directly applying over 30 international treaties to disputes about IP, international trade, maritime commerce and international air and rail transport as well as judicial assistance in civil and criminal matters. Chinese courts increasingly rely on the principle of consistent interpretation. However, courts in general do not apply international treaties that constrain executive organs of the State.

Concerning Chinese courts’ participation in international norm-making, Professor Ahl noted that overall party-state  policy encourages Chinese state organs to participate actively in the formulation of international norms and to strengthen discourse power and influence in international legal affairs. Domestic court decisions may have the effect of confirming rules of international law or give them a novel interpretation that may trigger protest or acquiescence by other states. Only if domestic court decisions are noticed, persuasive and endorsed by other states, courts, international organizations or codifying bodies, they may exercise certain influence on the complex processes of the development of international law.

Doctoral defence: Equality in law ensures the fulfillment of fundamental rights in China, Pia Eskelinen, 9 September 2022

M.Sc. (Admin.) Pia Eskelinen will present her dissertation on the legal status of women in China, especially regarding land rights in rural areas, for public review on 9 September 2022 at 12:00. The The public examination will take place at University of Turku, Calonia 1.

The public examination can also be followed remotely at https://echo360.org.uk/section/d10ad3ff-8805-45ab-b752-65e10980be33/public

Docent Anja Lahtinen (University of Helsinki) will serve as opponent and Dean Johanna Niemi (University of Helsinki Faculty of Law) as the custos. The event will be held in Finnish.

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In recent years, Chinese society has progressively begun to be defined by Confucian values and society’s interference with media freedom. This has also affected the working /operational environment of Chinese women. In her doctoral thesis, Eskelinen examines the legal status of rural Chinese women and women’s legal position in Chinese society. The thesis shows that the application of legislation in China has become more unequal, with women and their basic rights being placed in a more disadvantageous position.

Eskelinen uncovers what the legal status of rural Chinese women is in relation to land rights. Alongside this question, Eskelinen considers and examines more in general, the question of women’s legal status and the equal status of women in Chinese society and how President Xi Jinping’s political discourse has affected the status of women in China.

News concerning the Chinese rural women often goes unnoticed due to bigger news. News related to the economy and dissidents is important and must be made visible. Eskelinen, however, states that rural Chinese women form a large individual group whose contribution to China’s economic and social development often goes unmentioned.

“The everyday life of ordinary women forms an integral part of China’s gross national product and well-being”, Eskelinen points out.

President Xi Jinping’s impact on the state of China’s gender equality

In recent years, under the leadership of President Xi Jinping, China has returned to a society where Confucian values ​​increasingly determine how society works. In addition to this, society’s interference with media freedom, for example, has alarmingly increased. According to Eskelinen’s doctoral research, the turning point was in 2016. At that time, President Xi gave a speech in which he emphasized that Confucian values ​​are engraved in the hearts of Chinese people.

“After the speech, China began to move back to a more patriarchal society and women’s operating environment narrowed. It was considered that a women’s place is to take care of the family”, Eskelinen says.

In addition to this, women’s organizations in different regions started offering different courses to women, which focused on how to be good wives and daughters. Eskelinen regards the most worrisome is that the application of legislation has become more unequal, as it places women and their basic rights at a disadvantage.

Women’s appreciation and problems from the point of view of equality

Eskelinen wants to highlight the appreciation of women and the problems in equality, because women’s role and contribution to the well-being of different countries are often ignored. Finland is no exception.

In Finland, the “Lotta’s” contribution to the war effort has been downplayed, and a solution to the wage gap in female-dominated fields has still not been found. “It’s easy to appeal to the lack of money”, Eskelinen reminds.

According to Eskelinen, however, it is important to see beyond the money, attitudes and structures.

“It is not enough, for example, to light buildings in blue in honor of nurses. The idea is beautiful, but it only creates an illusionary appreciation, not a real one”, Eskelinen reflects.

Eskelinen hopes that societies from China to Finland would pay more attention to ordinary people and ordinary women and give them real value.

Contact information:
Pia Eskelinen
pia.j.eskelinen@utu.fi
050 323 7296

The blogpost was written by the Center’s intern, Annette Rapo.

Is Sinology philosophy? Is studying Chinese philosophy Sinology?

The Centre is pleased to announce a seminar on complex relationship between Sinology and Chinese philosophy, organised by the Nordic Network on Chinese Thought (NNCT), in a hybrid format and as a contact seminar at the University of Lapland on the 14th October, 2022.

The seminar “Is Sinology philosophy, is studying Chinese philosophy Sinology?” will be led by Professor Tao Jiang as the key-note speaker, remapping the intellectual landscape of classical Chinese philosophy through key categories of humanness, justice and personal freedom.

The event will then be followed by (1) the discussion of the evolution of the concept of ren (humanness) in Confucian philosophy by Senior Research Fellow Jyrki Kallio; (2) the discussion of the nature and definition of ”concepts” in traditional Chinese thought by Professor emeritus Torbjörn Lodén; and (3) the presentation of the argument of European philosophy offers promising resources for the practice of and approach to cross-cultural philosophy by Professor Matti Nojonen.

The full programme can be viewed here. The participation link will be opened on the NNCT homepage  in due time before the event takes place.

This blog post was written by the Center’s intern, Li Tsz Yau Dorothy.

Professor Eva Pils on China’s impact on international human rights law

On 15 June 2022, Professor Eva Pils from King’s College London delivered a guest lecture on the topic of “China’s challenge to international human rights law: a case of synergic corrosion”.

The lecture commenced with the case of Cao Shunli (1962-2014), a Chinese human rights activist arrested by Beijing in 2013 and subsequently died in a military hospital. Another incident mentioned in the prologue is the recent visit to China of Michelle Bachelet, UN High Commissioner for Human Rights, who was then criticized for failing to speak for Uyghurs in Xinjiang. The two cases shown that, while UN principles were still referred to as international standards by domestic human right advocate, China is yielding increasing influence on international human rights law domestically and via international organizations.

Professor Pils presented China’s challenges to human rights law in five aspects. She first pointed out that the human rights violations of China within its borders have transnational impacts. Examples include the prevention of Cao Shunli and suppressed Xinjiang Uyghurs from reaching international audience, and also the suspected export of forced labour to other countries.

The second challenge concerns the suppression of facts by intimidation and ‘drowning out’ of criticism. The suppressive actions by China were not only domestic but also extended to affect international researchers working on the Xinjiang issue (e.g. Zenz, Smith Finley, Jerden). China’s denials of human rights violations, avoidance of international accountability mechanisms, and soliciting support from other countries exemplified the international challenge.

Thirdly, Professor Pils talked about China’s discursive strategies to deflect human right criticism. In the Xinjiang case, Beijing claimed the re-education camps were to develop detainees’ vocational skills for economic development. Another common argument by China is national security and anti-terrorism.

At the global level, China is propagating its system as liberal and democratic to propose an alternative governance model in Chinese style, giving rise to the fourth challenge. Xi Jinping suggested the idea of ‘shared future for mankind’ and that the world should be ruled by “Ritual propriety” in substitution of the existing universal human right principles.

The fifth challenge is external to China. The withdrawal of populist or nationalistic state actors from international law institutions posed threats to the binding force of international law and legal norms. For instance, the US quitting UN Human Rights Council, UNRWA, WHO was a sign turning against legal institutions.

After conceptualising the synergic corrosive effects among China and other would-be autocrats in liberal democracies, Professor Pils concluded that we need to reaffirm human rights indivisibility and buttress civil and political rights to defend international human rights law.

This blog post was written by the Center’s intern, Lam Kam To Kuinton.

 

An interview with PhD student Pia Eskelinen on Chinese women’s rights and gender politics research

The Finnish China Law Center had the opportunity to interview Pia Eskelinen, a PhD student at the University of Turku. Her current PhD is titled “The legal status of women in China, especially in rural land rights”. Eskelinen has carried out extensive research and published numerous pieces on the Chinese hukou system, women’s land rights and gender politics in China.

Could you tell us about your background?

I was working as a managerial director at a golf course and decided to study business law at the open university to support my work. My initial fascination with China originated from my interest in Chinese food, architecture and calligraphy. In 2011 our family adopted a daughter from China and after eye-opening visits to the rural parts of China, my fascination only grew stronger. I was intrigued to learn more about what is behind the traditional Chinese culture and pictures of rice fields. Once I got accepted to the University of Eastern Finland for a master’s program, I started to research the Chinese hukou system. My master’s thesis on the Chinese hukou system was so interesting and I found the topic easy to write on, I then chose to conduct my doctoral research on the topic. Evidently, my studies to help with my managerial skills in the golf environment got out of hand so to say.

Could you share your motivation behind your doctoral research on Chinese women’s land rights and Chinese gender politics in general?

My interest in Chinese women’s rights and gender politics blossomed when I visited China and first-hand saw the hardship and reality of the lives of rural Chinese women. Adopting a girl from China was really the eye-opener to the difficulties that women and girls face. I wanted to clarify and make these difficulties visible. Regarding, women’s land rights, in my research for my master’s thesis on the hukou system, women’s land rights kept on popping up and I thought it was strange and different compared to Finland, naturally I wanted to learn more. Generally, there is research being done more broadly on employment and migration in China, research in women’s land rights especially those of rural women seems scarce.

Your master’s thesis examines the Chinese hukou system and rural women’s rights, could you tell us more about your findings?

The hukou system is divided into a rural and an urban one in, which a person’s location is registered to the correct system. The hukou system essentially dictates what benefits a person will receive from the state. These benefits include things such as pensions and housing benefits. Commonly a person in a rural area will belong to the rural hukou system. Similarly, a person located in an urban area will belong to the urban hukou system. There may be cases in which, however, a person holds a rural hukou in an urban area or an urban hukou in a rural area. In reality, the two systems are not equal as those of a rural status are not entitled to the same rights of social security and healthcare compared to those with an urban status. Those with a rural status are entitled to a piece of land, which essentially accounts for their income and social security. However, in cases of a bad year, i.e. a bad harvest, this income may be lost.

Even though the Chinese Government and local level councils have done improvements for the hukou, it remains a discriminatory system.

Especially for women in rural areas, the hukou system is particularly unfair. In many areas, contracts that entitle women for their piece of land are often under the name of their fathers or the sons, and not themselves. The hukou system is thus especially discriminatory against women with a rural status, since they are vulnerable due to being economically dependent on their families. There are certainly substantial differences in the rights that women possess in China depending on their hukou system.

In your article “Tackling intimate partner violence is not of interest of China” you discussed the state of women’s rights in China, where do you see women’s rights heading in China?

From a political standpoint, President Xi Jinping’s political discourse is not gender-neutral. The rhetoric, words and narrative are very old-fashioned, and it seems that the government believes that women should be housewives and their place is at home taking care after children. The political leadership as such is not hostile towards women, however, women are put in a box and their lives are getting narrower. Recently, the All-China Women’s Federation came out with the statement, that it is much better for women to marry someone rich than for them to get an education. Those women who educate themselves waste their years and after finishing their education they are as good as a “yellow pearl”. Discouraging women from educating themselves is a strong statement and a worrying one. Although within the communist party equality between men and women is approved, feminism beyond the communist party’s guidelines doesn’t seem to have a place in China. Unfortunately, the state of women’s rights and gender politics is not good and there is little evidence of it improving in the near future.

The interview and report were done by the Center’s intern, Annette Rapo.

 

Standard Essential Patents in China

The IPR University Center organized an online Seminar on “Standard Essential Patents in China” on 23 March 2022, in collaboration with the Finnish China Law Center. The speakers include Jin Haijun, Professor at Renmin Law School; Richard Vary from Bird & Bird; Ruben Schellingerhout, from the European Commission and Eeva Hakoranta, Executive Vice President at InterDigital Inc.

The Seminar opened with a presentation by Professor Jin Haijun on the topic of “SEP/FRAND disputes in China.” He expounded SEP/FRAND disputes from the perspective of China courts, which granted anti-suit injunctions (ASI) in four major IP cases, upon which the EU requested information. After addressing legal issues concerning SEP/FRAND, jurisdictional territories, and ASI, he raised several implications for IP management towards new harmonization in global SEP dispute solutions.

In the next part of the Seminar, Richard Vary gave a presentation on “The UK approach on the resolution of FRAND disputes and its relationship with China”. The presentation consists of a detailed explanation of the English patent trial system and a comparison of the valuation approaches used in the UK and China. He also suggested improved metrics for portfolio strength, including citation analysis, contribution counting, third party essentially studies and jurisdiction weighted patent counting.

Following up next was the presentation on “Anti-suit injunctions in the EU perspectives” by Ruben Schellingerhout, who stressed that patents have brought great importance in many industries. He clearly listed the competition guidelines, judgments and cases in relation to the developments in anti-suit injunctions, particularly in China. He also drew attention to the difficulties in relation to retrieving decisions in China despite the presence of a legal basis for WTO’s request for consultations.

The last part of the seminar was concluded by Eeva Hakoranta, on the topic of “SEP and FRAND – Globally and in China.” She emphasized the recognition of a rule-based system under the new world order, especially when we all have been living in a globalization era, who are able to actually share well-being with less developed countries to a very great extent. China, as one of the beneficiaries of globalization should also submit to the same set of rules.

This blog post was written by the Center’s interns, Li Tsz Yau Dorothy and Lam Kam To Kuinton.

Chinese Perspectives on Public International Law

On 15 March 2022, the Finnish China Law Center organized the online mini seminar titled ‘Chinese Perspectives on Public International Law’. The speakers were Yifeng Chen, Associate Professor at Peking University Law School and Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne.

The seminar began with Professor Yifeng Chen’s presentation on “Conceiving Infrastructures as Governance: China and the Belt and Road Initiative (BRI)” which highlighted the implications of BRI infrastructure projects on regional and international governance. Professor Chen noted that infrastructures such as ports, special economic zones, highways, railways, and airports are heavily invested in since they are important in terms of connection, integration, as well as circulation of goods, knowledge, and power. Infrastructures are embedded in social arrangement and economic life. Thus, it is a strong embodiment of China’s standards and politics. He further explained the economic, political and social influences of the BRI infrastructure projects on host states and communities affected by the projects as well as their role in the establishment of a multilateral governance blueprint. 

In his presentation on “Chinese Positions on Global Constitutionalism, Community of Common Destiny for Mankind and the Future of International Law”, Professor Björn Ahl emphasized that global constitutionalism is not only a hermeneutic device for understanding new developments in international law, but also represents a political agenda that argues for the further constitutionalization of international law. In a similar vein, the Chinese concept of a community of common destiny for mankind provides ideas for forward-looking political action to shape international law. He went on to discuss Chinese legal discourses and government statements that relate to elements of global constitutionalism and the community of common destiny to identify the values and structures of the future international legal order envisaged by China.  

Professor Björn Ahl (left) and Professor Yifeng Chen (right), 15 March 2022