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FACULTY SCHOLARSHIP
FACULTY SCHOLARSHIP
Date：2023-06-28
Our faculty hosts the nation's leading experts in all major subject areas of law. An increasing amount of their impactful scholarships are now becoming available in English and other foreign languages.
Professor Chen Ruihua, Models of Criminal Procedure System (Springer, 2022)
Professor Chen, a leading expert in criminal procedural law, advances a new theoretical framework that consists of three dominant models, with which Chinese criminal procedures and their structural issues may be critically analyzed.
Professor Chen Xingliang, Philosophy of Criminal Law (William S. Hein&Co., 2021)
Professor Chen Xingliang, a renowned criminal law theorist and Boya Chair Professor at Peking University, published the English edition of his widely acclaimed treatise, Philosophy of Criminal Law, in 2021. The book offers comprehensive and in-depth discussions on the philosophical foundations of criminal law, and presents novel theoretical insights into the dualistic nature of crime and punishment.
The book has been praised by scholars around the world for its originality, rigor, and insights. It is a must-read for anyone interested in the philosophy of criminal law.
The book has been praised by scholars around the world for its originality, rigor, and insights. It is a must-read for anyone interested in the philosophy of criminal law.
Professor Zhang Shouwen, Theoretical Analysis from Economic Law (Routledge, 2021)
Professor Zhang Shouwen, a professor and former dean of PKU Law School, published a two-volume treatise in 2015 titled The Crisis of Distribution: Theoretical Analysis from Economic Law. The book was translated into English and published by Routledge in 2021.
In this book, Zhang analyzes major problems of economic distribution facing China from a theoretical perspective and proposes law and policy solutions. He argues that the current distribution system in China is unfair and unsustainable, and that it is necessary to reform the system in order to promote social justice and economic development.
Zhang's book has been praised by scholars around the world for its originality, rigor, and insights. It is a must-read for anyone interested in the economics of distribution in China.
Dr. Liao Xuexia, The Continental Shelf Delimitation Beyond 200 Nautical Miles: Towards a Common Approach to Maritime Boundary-Making (Cambridge University Press, 2021)
Dr. Liao Xuexia, Assistant professor of international law and expert on maritime law and international dispute resolution, published The Continental Shelf Delimitation Beyond 200 Nautical Miles: Towards a Common Approach to Maritime Boundary-Making with Cambridge University Press in 2021. The book engages with the key concepts of maritime entitlement, delineation, and delimitation with a view to developing a coherent and consistent approach to the delimitation of the continental shelf beyond 200 nautical miles.
Dr. Liao argues that the current law of the sea is inadequate to address the challenges of delimiting the continental shelf beyond 200 nautical miles. She proposes a new approach that would take into account the geological and geomorphological features of the seabed, as well as the economic and environmental interests of coastal states.
Recent faculty scholarship in German language include:
Dr. Guide Wu, Erschöpfungsgrundsatz im Online-Bereich Ein Vergleich zwischen dem deutschen, chinesischen und US-amerikanischen Recht, 2022, 302 S., brosch., 84,– €, ISBN 978-3-8487-7406-7
Dr. Guide Wu, Postdoctoral fellow of Intellectual Property Law at PKU Law published Exhaustion Principle in the Online-Field: A Comparison between German, Chinese and U.S. Law with Nomos Press in 2021.
The principle of exhaustion strikes a balance between copyright and property rights, between the economic interests of the author and the acquirer, and between copyright as an exclusive right and the principle of the free movement of goods. The justification theories developed in copyright
law can explain single aspects of the balance of interests, but do not fully capture it, e.g., the property theory, the reward theory, and the traffic safety theory. In addition, other methods of analysis such as comparative law and law economics are now being considered. This discussion will expectably, not only in the German legal field, but also in the Chinese and U.S. legal field, continue.
In summary, this book aims to provide a legal comparison between the respective situations and views on the applicability of the principle of exhaustion in the online field in Germany, the EU, China, and the U.S. On the basis of the comparison of different approaches and opinions as well
as legal economic considerations, a solution shall be worked out for the problem of the application of the principle of exhaustion in the online area.
The principle of exhaustion strikes a balance between copyright and property rights, between the economic interests of the author and the acquirer, and between copyright as an exclusive right and the principle of the free movement of goods. The justification theories developed in copyright
law can explain single aspects of the balance of interests, but do not fully capture it, e.g., the property theory, the reward theory, and the traffic safety theory. In addition, other methods of analysis such as comparative law and law economics are now being considered. This discussion will expectably, not only in the German legal field, but also in the Chinese and U.S. legal field, continue.
In summary, this book aims to provide a legal comparison between the respective situations and views on the applicability of the principle of exhaustion in the online field in Germany, the EU, China, and the U.S. On the basis of the comparison of different approaches and opinions as well
as legal economic considerations, a solution shall be worked out for the problem of the application of the principle of exhaustion in the online area.
Dr. Xunxiang Wu, Volkmars Vorarbeiten zum Allgemeinen Preußischen Landrecht von 1794 (Schriften Zur Preußischen Rechtsgeschichte, Band 7), Berlin u.a.: Peter Lang, 2022 (zugl. Diss. Tübingen 2020), 272 Seiten.
Dr. Xunxiang Wu, Assistant Professor of Roman Law and legal history published IVolkmar's Pre-work on the Prussian General State Law of 1794 with PETER LANG Press in 2021.
The Prussian General State Law of 1794 (ALR) is considered to be one of the most important codifications of the European natural law era and is the focus of contemporary research in German legal history. This book examines the history of the legislation of the ALR, with particular attention to the so-called "pre-work" in the process of its development, namely the collation, excerpting and compilation of the original Roman law documents. A young doctor of Roman law, Friedrich Volkmar (1756-1794), was commissioned by the Prussian Ministry of Justice in 1780 and was able to complete this work in just two years. Although Savigny had already mentioned the importance of Volkmar's work in his 1814 Treatise on Legislation and the Contemporary Mission of Jurisprudence, this pre-work has long been understudied in legal history. This book clarifies, on the one hand, the methodological approach adopted by Volkmar for his work and the concrete results of his work from the perspective of general legal history and, on the other hand, from the perspective of the history of private law institutions. It also draws on a comparison between the 18th century usus modernus pandectarum and the final edition of the ALR of 1794, and reveals how the Roman Law doctrine of the mid-eighteenth century found its way into the text of the ALR through Volkmar's pre-work.
Prof. Su Jiang,Strafrecht und Empirie, Mohr Siebeck, 2021.
Prof. Su Jiang,Strafrecht und Empirie, Mohr Siebeck, 2021.
Prof. Su Jiang, Strafrecht und Empirie (Mohr Siebeck Press, 2021)
In each society, criminal law plays an important and unique role. In the past decades, Chinese criminal law has made huge progress with the rise of China as one of the most powerful and prosperous economies in the world. On the one hand, Chinese criminal law has been influenced by foreign counterparts especially continental European criminal law theory; on the other hand, Chinese criminal law has also acquired unique experiences, which may be learned by other parts of the world. This book collects twelve articles of Prof. Jiang Su written in German and English in the past ten years, which range from methodology of Chinese criminal law to artificial intelligence in criminal law, providing an excellent opportunity for foreign readers to observe the latest discussion and development on criminal law doctrines, criminal sanctions and modern challenges on criminal law in China. The author tries to draw a reliable picture of Chinese criminal law, which contributes to the understanding of the practice of rule of law in China.
Peking University Law Journal
Peking University Law Journal is a peer-reviewed English-language journal published by Taylor & Francis and edited by faculty members of Peking University.
In the past three decades, following its rapid economic development, China is fast becoming one of the world's most prosperous countries. At the same time, China has tried to construct a state administered under the rule of law. As a result of this process, Chinese and foreign scholars have made increased efforts to understand the Chinese state and Chinese society and their relationship to contemporary Chinese law. But until now these efforts have not made Chinese law sufficiently accessible to the outside world. The aim of the Peking University Law Journal is to provide a window on Chinese law for anyone interested in the continuing development of Chinese law and society. the Journal publishes original English-language articles written by Chinese and foreign scholars on Chinese legal traditions, the rule of law in Chinese society, and comparative law.
Check out the latest issue of Peking University Law Journal (via https://www.tandfonline.com/journals/rplj20)