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Faculty Scholarship Highlights
Faculty Scholarship Highlights
Date：2025-01-07
Faculty Scholarship Highlights
Peking University Law School is committed to fostering academic innovation and bridging research with practice, bringing Chinese legal scholarship to a global audience. In 2024, the school published over 30 papers in leading international journals, including the Leiden Journal of International Law, Asian Journal of Law and Society, Cornell International Law Journal, and Yale Journal of Law & Technology. This year also saw the release of several influential academic books, four of which we are pleased to highlight below.
The Chinese Civil Code in the Global Legal Order: Inner and Outer Perspectives
Editors: XUE Jun, Mauro Bussani, Ivan Cardillo, Marta Infantino
Publisher: Brill | Nijhoff
About the Editor:
Professor XUE Jun is professor at Peking University Law School and Director of the E-Commerce Law Research Center, specializing in civil and commercial law, Roman law, and Western legal history.
Professor XUE Jun is professor at Peking University Law School and Director of the E-Commerce Law Research Center, specializing in civil and commercial law, Roman law, and Western legal history.
About the Book:
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
Humanistic Foundation of Criminal Law
Author: CHEN Xingliang
Publisher: jointly by Renmin University of China Press and Springer
About the Author:
Professor CHEN Xingliang is a Chinese contemporary famous scholar in the science of criminal law, Professor, and doctoral supervisor at Peking University Law School, was the vice-chairman of the Chinese Association of Criminal Law, the Chinese Society of Criminology, and the Chinese trial theory Research Institute. His main research areas include criminal law philosophy, Main research areas include criminal law philosophy, criminal law doctrine, and case criminal law.
Professor CHEN Xingliang is a Chinese contemporary famous scholar in the science of criminal law, Professor, and doctoral supervisor at Peking University Law School, was the vice-chairman of the Chinese Association of Criminal Law, the Chinese Society of Criminology, and the Chinese trial theory Research Institute. His main research areas include criminal law philosophy, Main research areas include criminal law philosophy, criminal law doctrine, and case criminal law.
About the book:
This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.
The translation of this book is sponsored by B & R book program.
This book uses humanity-rationality and experience and the freedom of human will as a theoretical perspective to examine the basic framework of criminal law theories constructed by the criminal classic school and the criminal empirical school. The author puts forward the principle of the duality of rationality and experience of humanity and affirms the determinism of human behavior in the ontological sense and the freedom of will in the axiological sense. From this point of view, this book examines the humanistic foundations of crime and punishment, legislation and justice.
The translation of this book is sponsored by B & R book program.
Civil Judgments at First Instance: Comparative Experience and Chinese Solution
Author: CAO Zhixun
Publisher: Springer Singapore
About the Author :
CAO Zhixun is a professor (Research) in Peking University (China). He holds his LL.B., LL.M., and LL.D. in Peking University and is pursuing his second doctoral title in University of Regensburg (Germany). He was a postdoctoral research fellow at Shanghai Jiaotong University (China). His research interests cover civil procedure, evidence law, dispute resolution, civil and commercial law, comparative law, and judicial system.
CAO Zhixun is a professor (Research) in Peking University (China). He holds his LL.B., LL.M., and LL.D. in Peking University and is pursuing his second doctoral title in University of Regensburg (Germany). He was a postdoctoral research fellow at Shanghai Jiaotong University (China). His research interests cover civil procedure, evidence law, dispute resolution, civil and commercial law, comparative law, and judicial system.
About the Book:
This monograph is on first-instance civil judgments in China from a Chinese proceduralist in global context. I hope it may contribute a little bit for foreigners to understanding the Chinese civil justice and civil judgments.
This monograph is on first-instance civil judgments in China from a Chinese proceduralist in global context. I hope it may contribute a little bit for foreigners to understanding the Chinese civil justice and civil judgments.
Judgments, as the final judicial products which affect the legal relationship between both parties or even multiple parties, provide desirable objects to observe and can evaluate the service of judicial proceedings and the protection of parties’ procedural rights. And since judgments are in most cases regarded as the default termination of any civil litigation, there is no need to argue for a comparative study on this topic which has already inspired Chinese doctrines and the newest reforms. One of the aims of such research is to modernize Chinese civil justice considering the experience of leading legal counterparts.
Next to the theoretical analysis, this book intends to introduce empirical data in China to the English literature, which could provide a vivid illustration for legal researchers to be better informed about the Chinese legal system and its version of rule of law. In other words, this monograph would like to describe the real judicial practice in China and summarize how Chinese lawyers understand and facilitate the production of civil judgments.
As discussed in numerous places through this contribution, it is believed that the more established legal research with Chinese characteristics should be based on the typical practice and common understanding in Chinese context. And the expected research should go further to locate the functional difference between Chinese practice and comparative experience and inquire whether the procedural safeguards for realizing substantive rights in China have reached the extent consistent with the requirements according to principles of civil procedure. On one hand, the proceduralists have to discover the real situation of the typical foreign legal experience. On the other hand, it is necessary to well prepare for a set of more systematic procedural rules with clearly identified elements, and incorporate the discussion on procedural ideology into the interpretation of current legal institutions.
Dynamics in Chinese Digital Commons: Law, Technology, and Governance
Author: HU Ling
Publisher: Routledge; 1st edition (9 Dec. 2024)
About the author:
Professor HU Ling is the Associate Professor of Law in Peking University, and holds a Ph.D. from Hong Kong University. His major research area is cyberlaw and legal theory. He has published numerous books, articles, and review essays on issues related to Internet governance.
Professor HU Ling is the Associate Professor of Law in Peking University, and holds a Ph.D. from Hong Kong University. His major research area is cyberlaw and legal theory. He has published numerous books, articles, and review essays on issues related to Internet governance.
About the book:
The book provides an up-to-date, comprehensive, and critical explanation of digital commons in China.
The book provides an up-to-date, comprehensive, and critical explanation of digital commons in China.
It aims to reshape the theoretical discussion of digital commons, stressing the significance of digital mode of production and power division structure between government and digital platforms-both characters shed light on how China has developed its digital economy and maintained a relatively innovative cyberspace during the past 20 years. This book could serve as a foundational analysis for future studies on China's internet.
The book will appeal to scholars, entrepreneurs, and policymakers interested in digital commons governance of cyberspace, and China's political economy.