BJÖRN AHL ON THE EXPANSION OF POWERS OF THE CHINESE SUPREME PEOPLE’S COURT

On 29 November 2019, Björn Ahl, Professor from 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 ‘Judicialization in Authoritarian Regimes: The Expansion of Powers of the Chinese Supreme People’s Court’.

Professor Björn Ahl aimed to demonstrate how the Chinese constitutional system works and what the position and function of the Supreme People’s Court (SPC) are through this lecture. He firstly introduced the global phenomenon of the 20th-century judicialization, under which, judicialization can be distinguished into two forms: expansion of the courts’ scope of action at the expense of politics, and the absorption of methods of judicial decision-making by other executive and legislative state organs.

The development of judicialization has been seen in three layers. First, legal discourses, legal terminology, legal rules, and procedures diffuse into processes of judicial decision-making. Then, courts expand their competence and increase their influence over the outcomes of political possesses. And finally, courts decide important political questions. These can be reflected from the development of the Chinese legal system. While some scholars stated that there was no judicialization in the authoritarian legal system, Professor Ahl contended that the strengthened rule of law in China can also be observed in the development of other constitutional systems.

Professor Björn Ahl, Faculty of Law of the University of Helsinki, 29 November 2019

As a One-party system concentrates powers of decision-making in the organs of the Chinese Communist Party (CCP) and in the executive organs of the state, Chinese courts, particularly the SPC become an integral part of the party-state structure and political institutions. This, as Professor Ahl presented, has led to some special feature of a limited and reversible judicialization in China as dynamics have been seen as intrinsically local’ and courts rely on party support and active engagement of administrative agencies under administrative litigation.

As for the SPC, Professor Ahl said that motivated by institutional self-interest, it was now less influenced by party leadership or legal reform ideologies and had transformed into a relatively autonomous policy-making organization. He then analyzed from four aspects of SPC: Fundamental rights in courts, self-empowerment through judicial interpretations, guiding cases mechanism, and mandatory death penalty review power, in which Professor Ahl emphasized the last three aspects and how they worked under the current special constitutional structure in China as a reflection of the strengthening of the SPC’s power.

Professor Björn Ahl finally concluded that Chinese judicialization bore significant differences from the judicialization in liberal constitutional systems. According to this opinion, judicialization in China has its own characteristics. The SPC still operates as an ‘active lawmaker’ even though it possessed parallel law-making powers, and has no ultimate power of decision-making on critical problems in society. As SPC’s power increasing, political decision-making of other actors of the party-state would not be changed into more rule-based judicial forms of decision making.

The text is contributed by the Center’s intern, Ms. Xiaodan Zhang who is completing her Masters in International and Comparative Law (International Business Law) at the University of Helsinki.

Yifeng Chen on Enforcement of Transnational Labor Standards

On 17 January 2019, Yifeng Chen, Associate Professor at Peking University Law School and Assistant Director of the Peking University Institute of International Law, gave a guest lecture at the Center. His topic was ‘Enforcement of Transnational Labor Standards by International Financial Institutions: a Chinese Perspective.’

Professor Chen noted that traditionally, International Financial Institutions (IFIs) had not been active in labor rights protection. However, since the late 1990s, the IFIs have grown more involved in labor matters. He pointed to the fact that since the 2000s, labor standards have been incorporated into the policy instruments of the IFIs, with examples set by the Asian Development Bank, the International Finance Corporation, the European Bank for Reconstruction and Development, the European Investment Bank, the Nordic Investment Bank, the African Development Bank and so on.

Professor Chen introducing the outline of his presentation, Faculty of Law of the University of Helsinki, 17 January 2019

 

However, IFIs’ approach to labor protection has been different from each other. Specifically, the levels of labor protection afforded are uneven among the institutions and the enforcement of labor rights remains diverse in practice. Additionally, institutionalization of labor standards within the financial institutions varies in terms of degree and means. In the course of this development, the ILO has played a very important and indispensable role in the dissemination of knowledge and expertise about labor standards.

Professor Chen posited that IFIs’ growing engagement with labor protection has created a recognized body of labor standards that are formulated, applied and enforced in a transnational context. The application of labor standards is project-specific, and is not based on the principle of personam jurisdiction, but instead the principle of in rem jurisdiction, linked to projects financed by the IFIs.

He then discussed what constitutes the content of IFI labor standards. All four ILO core labor standards, namely freedom of association and collective bargaining, prohibition of forced labor, prohibition of child labor, and non-discrimination in respect of employment and occupation, are generally recognized. Additionally, IFI labor standards may involve safe working conditions and other workers’ rights. His presentation also illustrated how controversial labor standards recognized by the IFIs are by referring to the World Bank’s position regarding the highly politically sensitive issue of freedom of association.

‘China and One Belt, One Road in the Post-World War II International Legal System’: Guest lecture, 15 November (CANCELLED)

The Finnish China Law Center’s planned event on 15 November 2018 in its ‘One Belt, One Road’ Series, a public guest lecture and discussion on ‘China and One Belt, One Road in the Post-World War II International Legal System’has been cancelled. The Center apologies for any inconvenience.

The lecture was planned to be given by Professor Sheng Hongsheng, Professor of Public International Law at Shanghai University of Political Sciences and Law and Director of the One Belt, One Road Judicial Research Institute of the Supreme People’s Court of China.

The Finnish China Law Center’s ‘One Belt, One Road’ Event Series

The public guest lecture and discussion was the latest of many events in the Finnish China Law Center’s series on China’s massive economic and strategic agenda, the so-called ‘One Belt, One Road’ initiative. Other events held earlier in 2018 as part of the series include:

Normative Readings of the Belt and Road Initiative: Road to New Paradigms

China’s Arctic Policy – The ‘Belt and Road’ Initiative and the Nordic Countries

Trade Governance of China’s Belt and Road Initiative: Economic Logic and Institutional Arrangements

Biography of Professor Sheng

In addition to his position as Professor Public International Law at the, Professor Sheng is Director of the One Belt, One Road Judicial Research Institute of the Supreme People’s Court of China.

Professor Sheng’s academic interests focus on international law, international relations, international organisation, international humanitarian law and international criminal justice. He has published over eighty articles in leading academic journals at home and abroad, as well as six books: Challenges and Responses in International Criminal Law (2017), Constraints on the Use of Force—Legal Aspects of Armed Conflict in Early 21st Century (co-author, 2014), NGO’s in Contemporary International Relation (2004), United Nations Peacekeeping Operations: Legal Aspects (2006), Developments in British Politics and Its Foreign Policy (2008) and State Responsibility under International Law in Anti-Terrorism Campaign (2008).

In June 2011, Professor Sheng was granted the title Qianjiang Professorship by the People’s Government of Zhejiang Province, China. He is Senior Colonel (Ret. & Res.) after retirement from military service in 2009. From April 2004 to April 2005, Professor Sheng was United Nations Expert on Mission for the MONUC in the Democratic Republic of the Congo, serving as Team Leader of Military Observers and Senior Liaison Officer. He was also appointed by the Chief of the Mission Chair of Independent Board of Inquiry to review international criminal cases. In April 2005, he was granted the United Nations Medal (In the Service of Peace).

Professor Sheng Hongsheng (Shanghai University of Political Sciences and Law) will speak at the Finnish China Law Center on 15 November 2018. Photo credit: Sheng Hongsheng.

 

Annual China Law Week Bridges Nordic Academic and Social Discussions on the Significance of Law in China and China’s Role in World Affairs

Nordic China Law Week 2018 was held between 17 – 23 April in Helsinki, Finland.

The week-long program included a China Law Research Workshop, seminars on China’s Belt and Road Initiative and people management in China, guest lectures on Chinese constitutional law and Chinese intellectual property law, a Nordic China Law Scholars Meeting and more.

Dean of the Faculty of Law at the University of Helsinki, Professor Pia Letto-Vanamo, opened the China Law Workshop and also gave a presentation on the topic ‘Taking Account of History When Researching Contemporary Law’

‘The Finnish China Law Center and the Faculty of Law of the University of Helsinki were pleased to organize and host this annual event’, said Professor Ulla Liukkunen, Director of the Finnish China Law Center.

‘The Center is proud to contribute to an important academic and social discussion within the Nordic region about the role and significance of law in China, and China’s increasing involvement in global affairs’, Professor Liukkunen said.

For Professor Liukkunen, the strength of Nordic China Law Week 2018 lay in the breadth and relevance of themes covered, the wide appeal of events to both the public and private sectors, and the involvement of scholars and participants from China, the Nordic region and other countries.

Professor Cheng Dawei (Renmin University), speaking about trade governance of China’s ‘One Belt, One Road’ initiative at the opening event of Nordic China Law Week 2018

‘That the events during the Week were so well-attended testifies to the fact that Nordic interest in Chinese law and the Chinese legal system continues to grow’, Professor Liukkunen said.

 

Acting Dean of Beijing Foreign Studies University Law School, Professor Yan Dong, visited Finland to speak during Nordic China Law Week 2018

‘I was particularly pleased at the diversity of participants during the Week. While the focus was primarily scholarly and academic, the organizers were careful to balance law, theory and concrete practice. This was important, including because of the Nordic business community’s deepening engagement with China’.

‘As Nordic China Law Week 2018 was organized to take account of both academic and practical perspectives, its events attracted participants not just from Nordic and Chinese academia, but also from legal practice, the Finnish corporate community – including entrepreneurs from Finland’s thriving startup scene, which is increasingly engaging with China – as well as participants from NGOs, international organizations, the media and the diplomatic community’.

Professor Ulla Liukkunen, Director of the Finnish China Law Center, speaking at the Nordic China Law Scholars Meeting during Nordic China Law Week 2018

‘For example, over 10 nationalities were represented among the more than 80 registered participants in the China Law Research Workshop. Startup founders, ambassadors, students, Finnish government representatives, leading Nordic scholars and representatives of multinational corporations discussed how to research and apply Chinese law, including the practicalities of doing field work and conducting business in China’, Professor Liukkunen said.

Assistant Professor Yan Tian (Peking University Law School) spoke on Chinese constitutional and labour law at events during Nordic China Law Week 2018

The Finnish China Law Center is thankful for the support provided by the University of Helsinki, one of the Center’s 10 member institutions.

‘The Center is grateful to Professor Jukka Kola, Rector of the University of Helsinki, for his support of Nordic China Law Week 2018, including through holding a Rector’s Reception after one of the Week’s flagship events, the China Law Research Workshop, hosted by the Dean of the Faculty of Law, Professor Pia Letto-Vanamo’.

Left to right: Professor Carl Fey (Aalto University); Mr Peter Vesterbacka (entrepreneur and business figure); Professor Ulla Liukkunen (Finnish China Law Center / University of Helsinki); and Dr Wei Lu (Aalto University), speaking during a panel session at a seminar on people management China at Aalto University during Nordic China Law Week 2018

Nordic China Law Week was also supported by the Confucius Institute and Chinese Studies of the University of Helsinki.

A representative from online database provider CNKI (Tsinghua University) speaking at the Information Session on Online Chinese Legal Research in the University of Helsinki’s main library during Nordic China Law Week 2018

Summaries of the main events held during Nordic China Law Week 2018 can be found below.

Tuesday 17 April: Trade Governance of the Belt and Road Initiative: Economic Logic and Institutional Arrangements

Wednesday 18 April: Latest Developments in Chinese Intellectual Property Law

Wednesday 18 April: How Important is China’s Constitution in the Chinese Legal System?

Thursday 19 April: China Law Research Workshop

Friday 20 April: Nordic China Law Scholars Meeting

Monday 23 April: Information Session on Online Chinese Legal Research

Monday 23 April: Seminar: What People Management Practices Work Best in China Today? Cultural and Legal Perspectives

More information about the Week, including media inquiries, can be directed to the Coordinator of the Center, Stuart Mooney, on stuart.mooney (at) helsinki.fi.

Details on the research agenda and activities of the Finnish China Law Center can be found in the book, Finnish China Law Center: Its First Four Years (2017).

NORDIC CHINA LAW WEEK 2018: CHINA LAW RESEARCH WORKSHOP

As part of Nordic China Law Week 2018, the Finnish China Law Center organized a China Law Research Workshop on Thursday 19 April 2018 at the University of Helsinki, one of the Finnish China Law Center’s 10 member institutions.

The Workshop, co-organized with the Faculty of Law of the University of Helsinki and supported by University of Helsinki Chinese Studies and the Confucius Institute of the University of Helsinki, provided an overview of how to approach Chinese legal research and comparative law research involving China.

Judge and professor Alan Neal hosted the event and gave presentations during the China Law Research Workshop on 19 April 2018 at the University of Helsinki.

Professor and judge Alan C. Neal moderated the event, which was opened by Director of the Finnish China Law Center, Professor Ulla Liukkunen, and the Dean of the Faculty of Law at the University of Helsinki, Professor Pia Letto-Vanamo.

This was the second time the Finnish China Law Center has held a China Law Research Workshop.

As was the case with the first Workshop, the event was attended by a diverse range of people. The over 80 registered attendees of more than 10 nationalities included university scholars, think tank researchers, diplomats, students, lawyers, those working in business (ranging from large multinational corporations to startups), entrepreneurs and government representatives.

Dean of the Faculty of Law at the University of Helsinki, Professor Pia Letto-Vanamo, opened the Workshop and also gave a presentation on the topic ‘Taking Account of History When Researching Contemporary Law’.

In what proved to be a full and engaging program, presentations were given by leading scholars based in the Nordic region, including Professor Ditlev Tamm of the University of Copenhagen who spoke on the topic ‘Nordic Reflections on Chinese Culture, the Rule of Law and Judicial Reform with Chinese Characteristics.’

In addition, three professors based in top-tier Chinese law schools traveled to Helsinki to contribute to the Workshop.

Professor Jin Haijun (Renmin University) speaking on ‘How to Approach Chinese IP Law and Private Law Theory’ at the China Law Workshop.

Professor Yan Dong (Acting Dean of Beijing Foreign Studies University) gave presentations on the sources of Chinese law and the Chinese legal system in an international context. Professor Jin Haijun (Renmin University) spoke on ‘How to Approach Chinese IP Law and Private Law Theory’. Assistant Associate Professor Yan Tian (Peking University) spoke on the topic ‘How to Approach Chinese Labour Law and Industrial Relations’.

Assistant Professor Yan Tian (Peking University) speaking on ‘How to Approach Chinese Labour Law and Industrial Relations’ at the China Law Research Workshop on 19 April 2018.

Professor Julie Yu-Wen Chen, Professor of Chinese Studies and Director of Confucius Institute at the Faculty of Arts at the University of Helsinki, discussed the relationship between culture and research involving contemporary China.

Professor Matti Nojonen (University of Lapland), Deputy Chair of the Finnish China Law Center, drew upon his experience in China and ongoing research when talking about the ‘Intersections of Economics, Business and the Law in China: Implications for Legal Research’.

Professor Matti Nojonen speaking at the China Law Research Workshop at the University of Helsinki on 19 April 2018.

Another well-received presentation at the Workshop was given by Post-doctoral Researcher Dr Yihong Zhang (University of Helsinki), who drew upon her academic background and experience as a corporate lawyer in China when speaking on the China’s Company law regime.

The Workshop also included a panel discussion on the practicalities of China law teaching and research, featuring Professor Jukka Viljanen (University of Tampere), Dr Harriet Lonka (University of Eastern Finland), Dr Wei Lu (Aalto University) and Dr Guilherme Vasconcelos Vilaca (University of Helsinki).

The Workshop ended with Rector’s Reception hosted by Dean Letto-Vanamo, which provided an excellent opportunity for speakers and participants to network and have in-depth discussions about the themes covered during the Workshop.

The Workshop was one of many exciting events organized as part of Nordic China Law Week 2018.

Tuesday 17 April: Trade Governance of the Belt and Road Initiative: Economic Logic and Institutional Arrangements

Wednesday 18 April: Latest Developments in Chinese Intellectual Property Law

Wednesday 18 April: How Important is China’s Constitution in the Chinese Legal System?

Friday 20 April: First Nordic China Law Scholars Meeting

Monday 23 April: Information Session on Online Chinese Legal Research

Monday 23 April: Seminar: What People Management Practices Work Best in China Today? Cultural and Legal Perspectives

 

Nordic China Law Week 2018: 17 – 23 April

The Finnish Center of Chinese Law and Faculty of Law, University of Helsinki are proudly co-hosting Nordic China Law Week 2018.

‘Nordic China Law Week 2018 will be held 17 – 23 April and will feature an exciting array speakers and contributors from China and the Nordic region’, says Professor Ulla Liukkunen, Director of the Center.

‘This reflects ever-deepening interest in Chinese law in the Nordic academic, and broader public, arena’.

‘In addition, Nordic China Law Week 2018 is being held in response to strong and growing interest in Chinese law and the Chinese legal system from the private and non-profit sectors’, Professor Liukkunen says.

‘In light of corporate demand, including from local SMEs and startups, Nordic China Law Week 2018 will include many events on Chinese business and corporate law, including Chinese intellectual property law’.

Professor Liukkunen says the Center is particularly thankful for the contribution and involvement of scholars from across the Center’s 10 member institutions.

Nordic China Law Week 2018 will include a day-long China Law Workshop, the first-ever Nordic China Law Scholars Meeting, a half-day seminar on contemporary people management in China (special guest speaker: Peter Vesterbacka of Angry Birds and Slush fame), a short-form seminar on China’s Belt and Road Initiative, as well as guest lectures on Chinese constitutional and intellectual property law.

The Week is targeted at lawyers, those in business (including entrepreneurs), people working in governments or international organizations, academics, students, those working in NGOs /civil society and anyone with an interest in learning about Chinese law and legal culture.

All events are free and open to the public, with the exception of the Nordic China Law Scholars Meeting (aimed at senior scholars from education and research institutions in the Nordic region, though junior academics, including doctoral candidates, are welcome to join). The host of the Nordic China Law Scholars Meeting will be Professor Pia Letto-Vanamo, Dean of the Faculty of Law of the University of Helsinki.

Professor Pia Letto-Vanamo, Dean of the Faculty of Law at the University of Helsinki, will host the first-ever Nordic China Law Scholars Meeting during Nordic China Law Week 2018.

The Finnish China Law Center and Faculty of Law, University of Helsinki, thank University of Helsinki Chinese Studies and the Confucius Institute at the University of Helsinki for their support for Nordic China Law Week 2018.

Program of events

Further details of each event in Nordic China Law Week 2018, as well as links to register where relevant, can be found in the following event pages on the website of the Finnish China Law Center:

Tuesday 17 April: Trade Governance of the Belt and Road Initiative: Economic Logic and Institutional Arrangements

Wednesday 18 April: Latest Developments in Chinese Intellectual Property Law

Wednesday 18 April: How Important is China’s Constitution in the Chinese Legal System?

Thursday 19 April: China Law Research Workshop

Friday 20 April: Nordic China Law Scholars Meeting

Monday 23 April: Information Session on Online Chinese Legal Research

Monday 23 April: Seminar: What People Management Practices Work Best in China Today? Cultural and Legal Perspectives

Further questions and media inquiries

Please contact Stuart Mooney, Coordinator of the Finnish China Law Center, at stuart.mooney (at) helsinki.fi.

Finnish China Law Center to hold China Law Research Workshop for Researchers, Practitioners and Students: Thursday 19 April 2018

As part of Nordic China Law Week 2018, the Finnish China Law Center is organizing a China Law Research Workshop to be held on Thursday 19 April 2018 at the University of Helsinki, Finland, one of the Finnish China Law Center’s 10 member institutions.

The Workshop will provide an overview of how to approach Chinese legal research and comparative law research involving China.

The event will be of benefit to students, researchers and practitioners who are interested in Chinese law and the Chinese legal system, and provide an excellent opportunity for participants to meet and network with others who are working with, or interested in, Chinese law and legal culture.

This is the second time the Finnish China Law Center has held a China Law Research Workshop, which is being co-organized with the Faculty of Law and Confucius Institute of the University of Helsinki.

Moderator and Speakers

Professor and judge Alan C. Neal will moderate the event, which will be opened by the Director of the Finnish China Law Center, Professor Ulla Liukkunen.

Professor Alan Neal (Photo credit: Leiden University)

Professor Neal will be joined by scholars from the Nordic region and China. Visiting scholars from China include Professor Jin Haijun (Renmin University)Professor Yan Dong (Beijing Foreign Studies University) and Associate Professor Yan Tian (Peking University).

Registration

Please register by close of business Monday 16 April through the following electronic registration form:

https://elomake.helsinki.fi/lomakkeet/87422/lomake.html

Workshop Program 

Venue: Small Hall, Fourth Floor of the Main Building of the University of Helsinki, Fabianinkatu 33

08:30 – 09:00  Registration and coffee

09:00 – 09:15  Welcome to the workshop

Introduction to the Workshop and Some Thoughts on China Law Research: Professor Ulla Liukkunen, Director of the Finnish Center of Chinese Law and Chinese Legal Culture (University of Helsinki)

09:15 – 10:45  Session 1. Background: China and Chinese Law in Context

Session moderator: Professor Alan C. Neal (University of Warwick)

Discovering ‘China’: An Overview: Professor Alan C. Neal (University of Warwick)

Sources of Chinese Law: Professor Yan Dong (Beijing Foreign Studies University)

Nordic Reflections on Chinese Culture, the Rule of Law and Judicial Reform with Chinese Characteristics: Professor Ditlev Tamm (University of Copenhagen)

10:45 – 11:00  Morning tea/coffee

11:00 – 12:30  Session 2. Theoretical Perspectives: Historical and Comparative Approaches to Chinese Law and Legal Culture 

Session moderator: Professor Alan C. Neal (University of Warwick)

Culture and Contemporary China: Professor Julie Yu-Wen Chen, Professor of Chinese Studies and Director of Confucius Institute at the Faculty of Arts at the University of Helsinki

Intersections of Economics, Business and the Law in China: Implications for Legal Research: Professor Matti Nojonen (University of Lapland)

Taking Account of History When Researching Contemporary Law: Professor Pia Letto-Vanamo, Dean of the Faculty of Law (University of Helsinki)

12:30 – 13:45  Lunch

13:45 – 15:15  Session 3. Institutions and Actors: Contextualizing Law in China (parallel session)

Venue: Small Hall, Fourth Floor of the Main Building of the University of Helsinki, Fabianinkatu 33

Session moderator: Professor Alan C. Neal (University of Warwick)

The Chinese Legal System in an International Context: Professor Yan Dong (Beijing Foreign Studies University)

Gendered Choices in Structures of Law and Gender: Theoretical Considerations When Undertaking Comparative and Chinese Law Research: Minna Canth Academy Professor Johanna Niemi (University of Turku) and Doctoral Researcher Pia Eskelinen (University of Turku)

Legal Institutions: Judicial and Administrative Decision-Making in China: Professor Alan C. Neal (University of Warwick)

13:45 – 15:15  Session 4. Current ‘Hot’ Topics in Chinese Private Law (parallel session)

Venue: Auditorium XII, Third Floor of the Main Building of the University of Helsinki, Unioninkatu 34

Session moderator: Professor Ulla Liukkunen, Director of the Finnish Center of Chinese Law and Chinese Legal Culture (University of Helsinki)

How to Approach Chinese IP Law and Private Law Theory: Professor Jin Haijun (Renmin University)

How to Approach Chinese Labour Law and Industrial Relations: Assistant Professor Yan Tian (Peking University)

How to Approach the Chinese Company Law Regime: Dr Yihong Zhang (University of Helsinki)

15:15 – 15:30  Afternoon coffee/tea

15:30 – 16:30  Panel Discussion: Practicalities of China Law Teaching and Research

Venue: Small Hall, Fourth Floor of the Main Building of the University of Helsinki, Fabianinkatu 33

Session moderator: Professor Alan C. Neal (University of Warwick)

Professor Jukka Viljanen (University of Tampere)
Dr Harriet Lonka (University of Eastern Finland)
Dr Wei Lu (Aalto University)
Dr Guilherme Vasconcelos Vilaca (University of Helsinki)

16:30 End of Workshop

18:00 Official Reception hosted by Professor Pia Letto-Vanamo, Dean of the Faculty of Law, University of Helsinki

Venue: Faculty of Law Teachers’ Lounge, Second Floor of the Porthania Building (Yliopistonkatu 3)

Other Events During Nordic China Law Week 2018 

The Workshop is just one of many exciting events being organized as part of Nordic China Law Week 2018 (17 – 23 April 2018).

Tuesday 17 April: Trade Governance of the Belt and Road Initiative: Economic Logic and Institutional Arrangements

Wednesday 18 April: Latest Developments in Chinese Intellectual Property Law

Wednesday 18 April: How Important is China’s Constitution in the Chinese Legal System?

Friday 20 April: First Nordic China Law Scholars Meeting

Monday 23 April: Seminar: What People Management Practices Work Best in China Today? Cultural and Legal Perspectives

Further Information and Media Inquiries

Questions about the Workshop from interested participants and the media can be directed to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.

Logo of the University of Helsinki, the Law Faculty of which co-organized the China Law Research Workshop.
Logo of the Confucius Institute of the University of Helsinki, co-organizer of the China Law Research Workshop.

Guest lecture: How Important is China’s Constitution in the Chinese Legal System? YAN Tian, Peking University Law School: 18 April 2018

The Finnish China Law Center and Faculty of Law, University of Helsinki are pleased to extend an invitation to a public lecture:

‘How Important is China’s Constitution in the Chinese Legal System?’

The guest lecture, part of Nordic China Law Week 2018 (17 – 23 April), will be given at 14:15 – 15:45 on Wednesday 18 April 2018 in the Meeting Room of the Faculty of Law (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).

About the speaker

Assistant Professor YAN Tian is a scholar at the Peking University School of Law.

In addition to constitutional law, Assistant Professor Yan’s research interests include labour law and administrative law. He has published a monograph on employment discrimination law and several articles in the Chinese, English, and Korean languages.

Previously, Assistant Professor Yan served as Post-Doctoral Fellow in the Peking University Law School. In addition to Bachelor and Master degrees from Peking University, Assistant Professor Yan has J.S.D. and LL.M. degrees from the Law School of Yale University.

Assistant Professor Yan will also be speaking during the second China Law Research Workshop being organized by the Finnish China Law Center on Thursday 19 April 2018.

Assistant Professor YAN Tian, Peking University Law School

Further information

This event is free and open to the public. No prior registration is required.

Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi. 

Guest lecture: Latest Developments in Chinese Intellectual Property Law: JIN Haijun, Renmin Law School: 18 April 2018

In connection with Nordic China Law Week 2018 (17 – 23 April), the Finnish China Law Center and Faculty of Law, University of Helsinki are pleased to extend an invitation to a public lecture:

Latest Developments in Chinese Intellectual Property Law’

The guest lecture will be given at 10:15 – 11:45 on Wednesday 18 April 2018 in the Meeting Room of the Faculty of Law (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).

The event is being organized in collaboration with, and with the support of, the Confucius Institute at the University of Helsinki.

About Professor Jin

JIN Haijun is Professor of Law in the Law School of Renmin University. He joined as a member of faculty after receiving his doctorate in Renmin Law School in 2001. Prior to this, Professor Jin practiced law in a private law firm for two years after he obtained his LL.B degree from the Southwest University of Political Science and Law and passed the Chinese Bar Exam in 1993. He has two other LL.M degrees, from Renmin University and the University of Washington in Seattle.

Over the last decade, Professor Jin has studied and worked in a variety of foreign institutions, including as a visiting professor at the University of Frankfurt am Main and the University of Washington, and as a visiting scholar at Harvard Law School and the Max-Planck Institute for Intellectual Property and Competition Law in Munich.

Professor Jin’s research covers various aspects of intellectual property legal theory and practice, including broad issues such as IP as private rights and IP and social development, and specific issues such as copyright fair use, trademark consumer surveys and compulsory patent licenses.

Professor Jin, Remnin University Law School.

Further information

This event is free and open to the public. No prior registration is required.

Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.

Seminar: Reform of state-owned enterprises and party-business relations in China: 10 April 2018

On Tuesday 10 April 2018, Professor Kjeld Erik Brødsgaard (柏思德) of the Department of International Economics and Management and Director of the China Studies Program at Copenhagen Business School, hosted a seminar on:

State-Owned Enterprise Reform and Party-Business Relations in China

Chinese business groups have grown into huge enterprises with significant economic and political clout. As a result of institutional reform, corporate restructuring, and listings in China and abroad, these business groups, especially within the energy sector, have become so big, profitable and well-connected that they are challenging the authority of the central government. Yet, increasingly, business leaders are appointed to government positions as ministers or provincial governors.

What is the mechanism of this elite circulation and how does it impact the power relations between Party-state- business in China as well as the likelihood of fundamental state-owned enteprise (SOE) reform?

The seminar advanced the notion of ‘fragmented integration’ to characterize the evolving relationship between business groups and the Party-state.

The seminar also argued that in order to abolish vested interests and interest politics, reform of the role, function, and organization of Chinese business groups is necessary.

The event was organized by the the Confucius Institute at the University of Helsinki.

More information about the seminar can be found on the website of the University of Helsinki Chinese Studies.

Date and time: 10: 15 – 11:45, 10 April 2018

Venue: Unioninkatu 35, SH 114, University of Helsinki

About the speaker

Professor Kjeld Erik Brødsgaard, Department of International Economics and Management and Director of the China Studies Program, Copenhagen Business School

Professor Brødsgaard is the author or editor of 30 books, most recently Chinese Politics as Fragmented Authoritarianism: Earthquakes, Energy and Environment (2016); From Accelerated Accumulation to Socialist Market Economy in China: Economic Discourse and Development From 1953 to the Present (2017) and Critical Readings on the Chinese Communist Party, 4 vols. (2017).

Professor Brødsgaard has held visiting research appointments in China, Hong Kong, Singapore, Taiwan and the USA. He is, among others, member of the International Advisory Board of the East Asian Institute, National University of Singapore; member of the Board of Sino-Danish University Centre for Education and Research, and member of the Board of Directors, the Danish-Chinese Business Forum. He is also a Non-resident Professor at the Institute of Public Policy, South China University of Technology; an Honorary Research Fellow at the Research Centre for Contemporary China, School of Government, Peking University.

Multiple Visits to China Cap Year of Growing Bilateral Legal Research and Education Collaboration between the University of Helsinki and China

The end of 2017 saw a flurry of visits of scholars and staff to China from the University of Helsinki, one of the 10 member institutions of the Finnish China Law Center.

The visits capped off a year marked by ever-deepening cooperation between the University of Helsinki and Chinese scholars and institutions.

In October 2017, Rector of the University of Helsinki, Jukka Kola, led a large delegation of scholars and staff to China.

The purpose of the Rector’s visit was to underscore the significance the University of Helsinki attaches to its friends and partners in China.

During his visit, Rector Kola further developed the important relationship between the University of Helsinki and Peking University, a key partner institution in China of the Finnish China Law Center.

Rector Kola also spoke at an event organized by the Beijing Alumni Club hosted by Finland’s Ambassador to China, Jarno Syrjälä.

The event organizer and Head of the China Alumni Board – Chen Yifeng, Assistant Professor of Law at Peking University – is also Docent of the University of Helsinki and a legal scholar of international renown who played a central role in establishing, and growing, the Finnish China Law Center.

Rector of the University of Helsinki Jukka Kola speaking with Professor Chen Yifeng of Peking University at the China Alumni Club event held at the residence of the Finnish Ambassador to China on 14 October 2017 (Photo credit: Helsingin yliopiston alumniyhdistys)

More about Professor Chen’s engagement and research in the University of Helsinki and the Finnish China Law Center can be found in the recently published Report on the First Four Years of the Center.

Sanna Villikka, acting Head of Administration of the Faculty of Medicine, was also part of the Rector Kola’s delegation.

Ms Villikka visited China in her former capacity as Senior Advisor in Research Funding Services at the University of Helsinki’s City Centre Campus. The purpose of her trip was to develop staff exchange between the University of Helsinki and Peking University, to further enhance the University of Helsinki’s relationship with the Chinese Academy of Social Sciences, and to emphasize the high esteem with which the University of Helsinki views its relationship with the Faculty of Law of Peking University.

Another important visit to China was by then Dean of the Faculty of Law, Professor Kimmo Nuotio.

Professor Kimmo Nuotio of the University of Helsinki speaking at the CASS Rule of Law Forum, Beijing, November 2017 (Photo credit: Institute of Law, Chinese Academy of Social Sciences)

Professor Nuotio joined the Annual Meeting of the Silk Road Law Schools Alliance hosted by Wuhan University.

The Faculty of Law of the University of Helsinki is one of the founding members of the Alliance, which is composed of leading law schools from China and abroad.

The Annual Meeting has become a platform for law schools to meet and discuss academic research, collaboration and legal education.

Doctoral Candidate Kangle Zhang, contact person of the Alliance from the University of Helsinki, also joined the meeting.

Professor Kimmo Nuotio and Doctoral Candidate Zhang Kangle of the University of Helsinki with representatives from other institutions involved in the Silk Road Law Schools Alliance, at the Alliance’s annual meeting in November 2017 (Photo credit: Wuhan University)

Professor Nuotio was invited to give public lectures at universities across the country, including Peking University, the University of the Chinese Academy of Social Sciences, Wuhan University, Shandong University, and Wuhan University of Technology.

Professor Nuotio also gave a presentation at the Chinese Academy of Social Science’s annual international Rule of Law conference in Beijing.

Held on 17–18 November, the theme of the 2017 conference was ‘Modes of Rule of Law and Modernization of State Governance’.

Professor of Criminal Law at the University of Helsinki, Sakari Melander, was similarly invited to present at the CASS Rule of Law conference, which doctoral candidate Zhang Kangle also attended.

Professor Sakari Melander of the University of Helsinki speaking at the CASS Rule of Law Forum, Beijing, November 2017 (photo credit: Institute of Law, Chinese Academy of Social Sciences).

Professor Jukka Viljanen, of Finnish China Law Center member institution the University of Tampere, was also invited to give a presentation at the conference.

Yet another senior scholar from the Faculty of Law at the University of Helsinki to visit China in late 2017 was Senior Lecturer and Adjunct Professor Dr Jarna Petman, who lectured on human rights at Peking University in October 2017.

In addition to her many academic and professional responsibilities, including serving as a Commissioner of the International Commission of Jurists, Professor Petman also visits and lectures at the prestigious Peking University Law School on a regular basis.

These visits have been supported by CIMO’s funding for the collaboration between Erik Castrén Institute of International Law and Human Rights and Peking University’s Institute of International Law.

Senior Lecturer (att. to the duties of Professor) of the University of Helsinki / University of Turku and Sanna Villikka (University of Helsinki) in Beijing, October 2017 (Photo credit: Sanna Villikka)

The CIMO project, the result of an application made by Kangle Zhang, was jointly managed by several staff of the Faculty of Law of the University of Helsinki prior to its conclusion at the end of 2017.

During its two years of operation, the project facilitated a range of successful activities that deepened collaboration between the Faculty of Law of the University of Helsinki and Peking University Law School.

The end of 2017 also saw a flurry of visits from China to Finland.

These inbound visits included two delegations in November alone.

The first of these, a large delegation of judges from the Chinese province of Yunnan, resulted in a productive seminar on comparative juvenile justice in Finland and China.

The second visit, by the leadership of Beihang University Law School, lead to the signing of a new MOU on legal research and education cooperation.

This new relationship has already borne fruit, with the announcement by Beihang University Law School of the establishment of its Nordic Law Center, the first of its kind in China.

2018 is shaping up to be even busier for the University of Helsinki and the Finnish China Law Center.

In addition to guest lectures, visiting speakers and other smaller-scale activities, the Center is hosting or co-organizing a number of international events.

These include a China Law Workshop (Helsinki, April – tbc), the 9th Bilateral Comparative Law Seminar (Beijng, August – tbc) with the Chinese Academy of Social Sciences, and the 6th China-Europe Legal Forum with the China Law Society (Helsinki, November – tbc).

Follow the Finnish China Law Center on Twitter (@ChinaLawCenter) and Facebook (@ChinaLawCenter) to keep up-to-date with the latest news, events, publications and other activities of the Center and its member institutions.