Hong Kong presents a test case of China’s willingness to adapt Western liberal values of individual freedom and the rule of law in a corner of China. The Western model of governance, along with its common law system and capitalist economic system, has been permitted to operate side by side with the Chinese socialist system within the framework of Chinese sovereignty and the People’s Republic of China’s (PRC) political and legal system. The formation and implementation of the policy of ‘one country, two systems’ (OCTS) entail Chinese law-makers’ selective integration of international and Western rules of governance into the Hong Kong and China context to serve the interests of the PRC party regime. This article explores the approaches taken by the PRC to the governance of Hong Kong in light of the regime’s political and economic goals and how the Western concept of rule of law and autonomy is perceived and substantiated in terms of the communist ideology. The author argues that the intrinsic value of OCTS lies in seeking complementarity and coexistence between the Western liberal norms of governance and Chinese communist ideology, and that this intrinsic value should be upheld and remain in full force to serve as a normative consensus between China and the West.
The relationship between a national constitution and international law reflects a nation’s self-positioning in the international legal regime and its reception of international law in the local context. The adaptation of international law in the Chinese Constitution and legal system determines China’s engagement and participation in the international law regime and indicates the country’s treaty performance. This paper provides an overview of the position and status of international law, including both treaties and customary international law, in China’s current 1982 Constitution and domestic legal system. It also analyzes current practice of international law in China’s judicial practice. By reference to recent developments in the PRC Constitution and domestic laws, especially the 2018 Constitutional Amendment, this article attempts to provide a contextual analysis on the standing of international law in the Chinese Constitution and legal system, in the hope that the understanding of the interplay between international law and the Chinese constitutional and legal system will help scholars and policymakers to pursue opportunities for cultural communication and reconciliation to seek normative consensus in the formation of international law.
Although Chinese exclusionary rule reform made significant progress in technology, China does not fundamentally change the operating environment of exclusionary rule. With respect to the function of criminal court hearing, it is difficult for us to find ample scope for the exclusionary rule. On the one hand, the particular mutual coordination among investigators, procuratorates and courts in China, and the criminal procedure structure centered on the pretrial procedure basically determine that it is difficult for the defense party to completely overthrow the procuratorate's prosecution through applying for excluding illegally obtained evidence. Even if the defense party can occasionally impel the court to exclude illegally obtained evidence by forceful evidence, the defendant fails to change the result of being convicted. On the other hand, in the case of a formalistic court investigation and the phase separation between hearing and adjudicating, coupled with excessive emphasis on the truth of a case fact, the exclusionary rule with the high expectations of the whole society still exists in name only as before.
OPPO v Sharp Corporation: Jurisdictional Objection in Global Rate Setting of Standard Essential Patent ((2020) Zui Gao Fa Zhi Min Xia Zhong No. 517), 19 August 2021
The Intellectual Property Court of the Supreme People’s Court (SPC) of China ruled that Chinese courts have jurisdiction over global licensing terms disputes for standard essential patent (SEP) in the communications sector.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.