I am delighted to post information about an upcoming an important conference for those interested in the cutting edge of Chinese academic research centered in the United States. Hosted at the University of Michgan Law School and organized by by the eminent scholars Mary Gallagher and Nicholas Calcina Howson, the conference “China’s Legal System at 40 Years — Towards an Autonomous Legal System?” the conference will be a
once in a generation gathering of scholars and practitioners working across many fields and around the globe on the development of the legal system in the People’s Republic of China and the broader Chinese world. Both of us are excited about this unique opportunity to welcome to Ann Arbor and the University of Michigan so many accomplished colleagues and friends from varied disciplines to engage in an intensive dialogue about the Chinese political legal system.A list of Conference attendees and the titles of their contributions, along with the conference schedule, all drawn form the public parts of the conference website, follow. You are encouraged to reach out to conference participants for copiers of their papers.
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ALFORD William & YU Xingzhong– Pound for Pound? Roscoe Pound’s Adventures in China and the Questions They Pose for Scholars of Contemporary China
BATH Vivienne– Hope, Experience and Foreign Investment
BELKIN Ira– Whither the Rule of Law, Criminal Justice and Forced Confessions in the CCP’s China?
BIDDULPH Sarah– Bureaucratic Inertia: What Does it Tell Us About Governance and Accountability?
BOITTIN Margaret– China’s Legal Construction Program at 40 Years–Towards an Autonomous Legal System?: A View from the Trenches of Law, the State and Society
BOKHARY Kemal– Light Emanating from the Shade
CASSEL Par– Sovereignty in China: The Careers of a Concept, from the late Qing through the PRC
CHEN Yu-Jie– China’s and International Human Rights: Law, Politics and Global Governance
CHENG Jie– Modernity, Identity and 40 Years’ Quest for Constitutionalism in China
CLARKE Donald– China’s Legal Non-Construction Project
COHEN Jerome– Was Helping China Build Its Post-1978 Legal System a Mistake?
CONNER Alison– Justice and Law at the (1980) Movies
CUI Wei– When do Chinese National Ministries Make Law?
DELISLE Jacques– Turning the Tables?: A Chinese Model of Law, China’s Approach to International Law, and Their Implications
DIAMANT Neil– Useful Bullshit: The National Discussion of the 1954 Draft Constitution and the Origins of CCP Constitutionalism
ERIE Matthew– China’s “Law and Development” Moment? Captial, Risk, Order
FAN Kun– New Developments of Commercial Dispute Resolution Mechanism in China: China’s Two Way Adaptations Towards Transnational Standards
FINDER Susan– What the Supreme People’s Court’s Support for the Belt & Road Initiative Reveals
FLAHERTY Martin– Sinology, Human Rights, and Academic Freedom
FU Hualing– Understanding the Evolving Relationship between the Party and the Law: The Case of China’s New National Supervision Commission
GALLAGHER Mary– China’s Instrumental Legality and Its Limitations
GINSBURG Tom– The BRI and Authoritarian International Law
GUO Bin– Vicious Circle: The Vocational Dilemma of the People with Visual Disabilities in China
HALEGUA Aaron– The Deepening of Legal Preemption in China: How Government Legal Aid was Developed to Control Workers and their Advocates
HALLIDAY Terence– Autonomy In Extremis: China’s Notable Activist Lawyers and Their Political Sociology of Basic Legal Freedoms
HAN Dayuan– On the Normative Structure of the ‘Socialist Market Economy’ in China’s Constitution
HAND Keith– Constitutional Supervision in China after the 2018 Amendment of the PRC Constitution: Refining the Narrative of Constitutional Supremacy in a Socialist Legal System
HARPER HO Virginia– Between the Market & the State: Lessons from Chinese Corporate Governance Reform Since 1979
HE Weifang– The Way Out for Legal Governance in China – Seven Years On
HE Xin– (Non)legality as Governmentality in China
HORSLEY Jamie– Beyond Protests: China’s Struggle to Foster Effective Public Participation
HOWSON Nicholas– The Private Right of Action in China’s Legal System—Citizen and Legal System Autonomy in the Balance
JI Weidong– Solving the Dilemma of Discretion in China’s Judiciary through Legal Discourse
KELLOGG Thomas– Xi Jinping Ascendant?: Authoritarian Constitutionalism and China’s 2018 Constitutional Reforms
KRONCKE Jed– Legal Complicity in an Age of Resurgent Authoritarianism
LEE Tahirih– Constructing a Judiciary in the People’s Republic of China After 1978
LEI Ya-Wen– From Factories to Food Delivery Platforms: Contingent Contractual Relationships in China’s Platform Economy
LEVY Katja– Charitable Foundations under China’s Dual Legality
LEWIS Margaret– Iron Triangles and Silver Kites: Duty Lawyers in China
LI Ji– Re-orienting Research on Lawmaking in China
LI Ling– Adaptability of the Leninist Regime: The Making of China’s National Supervision Commission
LI Lingyun– Do Chinese Workers Have the Right to Strike? — A Review of Chinese Academic Research on the Right to Strike and Related Legislation Over the Past 40 Years
LIEBMAN Benjamin– Deciding to Avoid: Responsibility Diffusion in Chinese Courts
LIN Jia– The Development of China’s Labor and Employment System from a Perspective of Control and Loosening (or Relaxing)
LIN Li-Wen– Corporate Social Responsibility in China: Good or Bad for the Rule of Law?
LING Bing– Cross-Currents of Statutory and Case Law in the Development of Chinese Law
LIU Sida– Cage for the Birds: On the Social Transformation of Chinese Law (1999-2019)
LU Jun– The Experience of Economic Social and Cultural Rights NGOs Subject to Criminal Prosecution and Its Effects
LUBMAN Stanley– Bird in a Cage – Conclusion (Excerpt)
LUO Kaitian & YE Jingyi– 40 Years of Regulation of Collective Labor Relations
MAHBOUBI Neysun- What is Dead May Never Die: Judicial and Administrative Law Reform after the Fourth Plenum
MICHELSON Ethan– Many Voices in China’s Legal Profession: Plural Meanings of Weiquan
OHNESORGE John– Development is not a Dinner Party: A Hurstian Perspective on Law and Growth in China
PILS Eva– The Global Consequences of China’s Dual State
POTTER Pitman– China’s International Human Rights Activism: Controlling Political Expression
QIAO Shitong– The Three Faces of Authoritarianism
QIN Julia Ya– The China Challenge to the World Trading System
SAPIO Flora– ‘Social Responsibility’ in the Governance of Chinese State-owned Enterprises
SHEN Kui– Thirty Years of Judicial Review in China
SIDEL Mark– Intensifying Regulation and Taking Control of Self-Regulation: The Party and State Take Broader Charge in the Nonprofit Arena
SMITH Ewan– The Party and Other Parties
STERN Rachel- The Challenges of Data-Driven Governance in Contemporary China
TANG Xin– Investor Compensation in Securities Fraud Cases: Regulator-brokered Compensation Fund or Private Litigation?
TENG Biao– Constitution as Battlefield: Regime, Law and Human Rights
TREVASKES Susan– Deepening Reform in China’s Criminal Justice System: The Case of ‘Trial Centeredness’
UPHAM Frank– From Demsetz to Deng: The Impact of Forty Years of Chinese Growth on Property Theory
WANG Alex– On the Evolution on Chinese Environmental Law and Governance
WANG Liming– A Separate Book of Personality Rights in Chinese Civil Code
WANG Xixin– An American Tree Planted in Chinese Soil: The Impact of Due Process of Law on Chinese Administrative Law Reforms
WEBSTER Timothy– The Law and Politics of World War II Reparations in Contemporary China
WEI Shen– China’s Puzzling Banking Sector After the Economic Reform: 40 Years On
WHITING Susan– Land Law as a Last Gasp of the Planned Economy
WILHELM Katherine– Foreign Nonprofits in China: End of an Era
WOO Margaret– The Enigma That is China
ZHANG Qianfan– Party Leadership and Rule of Law: Does Authoritarian Legality Work for China?
ZHANG Taisu– Legality and Political Legitimacy in Contemporary China: Theoretical Groundwork
ZHANG Xianchu– Commercial Law in China: 1979-2019
ZHENG Wentong– China’s Antitrust Experiment
ZHU Ciyun– The Historical Development of China’s Company Law
Schedule for the Michigan Law School and Lieberthal Rogel Center for Chinese Studies at the University of Michigan Conference
“China’s Legal Construction Program at 40 Years – Towards an Autonomous Legal System?”
All sessions will take place in Jeffries Hall room 1225 (701 South State Street, Ann Arbor) unless otherwise noted.
“China’s Legal Construction Program at 40 Years – Towards an Autonomous Legal System?”
All sessions will take place in Jeffries Hall room 1225 (701 South State Street, Ann Arbor) unless otherwise noted.
Draft: October 2, 2019
Friday, October 11, 2019
8:00 to 8:15 Arrival
8:15 Introductory Remarks (Mary Gallagher and Nicholas Howson)
8:30 to 10:30 Panel 1
5 minutes per speaker
8:30 Liu Sida “Cage for the Birds: On the Social Transformation of Chinese Law” (1999-2019) (Stanley Lubman)
8:40 Stanley Lubman “Looking Back at ‘A Bird in a Cage’” (Liu Sida)
8:50 Donald Clarke “China’s Non-Legal Construction Project” (He Weifang)
9:00 He Weifang “The Way Out for Legal Governance in China — Seven Years On” (Donald Clarke)
9:10 Cheng Jie “Modernity, Identity and a 40 Years’ Quest for Constitutionalism in China” (Wang Liming)
9:20 Zhang Qianfan (presented by Fu
Hualing) “Party Leadership and the Rule of Law: Does Authoritarian
Legality Work for China?” (Teng Biao)
9:30 Michael Dowdle and Ewan Smith (presented by Ewan Smith) “The Party and Other Parties” (Flora Sapio)
9:40 Discussion from the floor
10:30 Panel ends
10:30 to 10:45 Break
10:45 to 12:45 Panel 2
5 minutes per speaker
10:45 Fu Hualing “Understanding the
Evolving Relationship Between the Party and the Law: The Case of China’s
New National Supervision Commission” (Li Ling)
10:55 Li Ling “Adaptability of the Leninist Regime: The Making of China’s National Supervision Commission” (Ewan Smith)
11:05 Qiao Shitong “The Three Faces of Authoritarianism” (Lei Yawen)
11:15 Jamie Horsley “Beyond Protests: China’s Struggle to Foster Effective Public Participation” (Keith Hand)
11:25 Margaret Boittin “A View from the Trenches” (Terry Halliday)
11:35 He Xin “Non-legality as Governmentality in China” (Sarah Biddulph)
11:45 Discussion from the floor
12:45 Panel ends
1:00 to 2:00 Lunch
2:00 to 4:00 Panel 3
5 minutes per speaker
2:00 John Ohnesorge “Development is Not a
Dinner Party — A Hurstian Perspective on Law and Growth in China”
(tba)
2:10 Ling Bing “The Cross-currents of Codification and Case Law in China’s Legal Development” (Tahirih Lee)
2:20 Wang Liming “A Separate Book of Personality Rights in a Chinese Civil Code” (Zheng Wentong)
2:30 Margaret Woo “The Enigma That is China” (Alison Conner)
2:40 Mary Gallagher “China’s Instrumental Legality and Its Limitations” (Wang Yuhua)
2:50 Nicholas Howson “The Private Right
of Action in China’s Legal System – Citizen and Legal Autonomy in the
Balance” (Alex Wang)
3:00 Discussion from the floor
4:00 Panel ends
4:00 to 4:15 Break
4:15 to 6:15 Panel 4
5 minutes per speaker
4:15 Qin Ya “The China Challenge to the World Trading System” (Tim Webster)
4:25 Chen Yu-jie “China and International Human Rights: Law, Politics and Global Governance” (Ira Belkin)
4:35 Pitman Potter (presented by video link) “China’s International Human Right Activism: Controlling Political Expression” (Chen Yu-jie)
4:45 Vivienne Bath “Hope, Experience and Foreign Investment” (William Alford)
4:55 Matthew Erie “China’s “Law and Development Moment? Capital, Risk, Order” (Qiao Shitong)
5:05 William Alford and Yu Xingzhong
(presented by William Alford) “Pound for Pound? Roscoe Pound’s
Adventures in China and the Questions They Pose for Scholars of
Contemporary China” (Jed Kronke)
5:15 Par Cassel “Sovereignty in China: The Careers of a Concept, from the late Qing through the PRC” (Ling Bing)
5:25 Discussion from the floor
6:15 Panel ends
6:45 Picture of the conference attendees in the Michigan Law Quadrangle
7:00 to 9:00 Lieberthal Rogel Center for Chinese Studies Dinner at the Michigan Law School Commons
Robert B. Aikens Commons in Hutchins Hall (625 South State Street, Ann Arbor)
Robert B. Aikens Commons in Hutchins Hall (625 South State Street, Ann Arbor)
Saturday, October 12, 2019
8:00 to 8:30 Arrival
8:30 to 10:30 Panel 5
5 minutes per speaker
8:30 Alex Wang “On the Evolution of “Chinese Environmental Law and Governance” (Rachel Stern)
8:40 Luo Kaitian and Ye Jingyi
(presented by Mary Gallagher) “40 Years of Regulation of Collective
Labor Relations” (Lin JIa)
8:50 Li Lingyun “Do Chinese Laborers Have the Right to Strike?” (Aaron Halegua)
9:00 Lei Ya-wen “From Factories to Food
Delivery Platforms: Contingent Contractual Relations in China’s Platform
Economy” (Mary Gallagher)
9:10 Aaron Halegua “The Deepening of
Legal Preemption in China: How Government Legal Aid Was Developed to
Control Workers and Their Advocates” (Margaret Lewis)
9:20 Lin Jia “The Development of China’s
Labor and Employment System from a Perspective of Control and
Relaxation of Control” (Li Lingyun)
9:30 Flora Sapio “’Social Responsibility’ in the Governance of China’s State-owned Enterprises” (Lin Li-wen)
9:40 Lin Li-wen “Corporate Social Responsibility in China: Good or Bad for the Rule of Law?” (Vivienne Bath)
9:50 Discussion from the floor
10:30 Panel ends
10:30 to 10:45 Break
10:45 to 12:45 Panel 6
5 minutes per speaker
10:45 Zhu Ciyun “The Historical Development of China’s Company Law” (Zhang Xianchu))
10:55 Virginia Harper-Ho “Between Market
and the State: Lessons from Chinese Corporate Governance Reform Since
1979” (Zhu Ciyun)
11:05 Tang Xin “Investor Compensation in
Securities Fraud Cases: Regulator-brokered Compensation Fund or Private
Litigation?” (Nicholas Howson)
11:15 Zhang Xianchu “Commercial Law in China: 1979-2019 (Tang Xin)
11:25 Zheng Wentong “China’s Antitrust Experiment” (Virginia Harper-Ho)
11:35 Susan Whiting “Land Law as the Last Gasp of the Planned Economy” (Frank Upham)
11:45 Frank Upham “From Demsetz to Deng: The Impact of Forty Years of Chinese Growth on Property Theory” (Susan Whiting)
11:55 Han Dayuan (presented by Susan
Whiting) “On the Normative Structure of the ‘Socialist Market Economy’
in China’s Constitution” (Li Ji)
12:05 Discussion from the floor
12:45 Panel ends
1:00 to 2:00 Lunch
2:00 to 4:00 Panel 7
5 minutes per speaker
2:00 Ji Weidong “Solving the Dilemma of Discretion in China’s Judiciary Through Legal Discourse” (Ben Liebman)
2:10 Ben Liebman “Dodging Decisions: Avoiding Responsibility in Chinese Courts” (Ji Weidong)
2:20 Tahirih Lee “Constructing a Judiciary in the People’s Republic of China” (Susan Finder)
2:30 Rachel Stern “The Challenges of Data-driven Governance in Contemporary China” (Ethan Michelson)
2:40 Wang Xixin (Presented by Neysun
Mahboubi) “The Introduction and Transplantation of the American Concept
of Due Process into Chinese Administrative Law” (Shen Kui)
2:50 Margaret Lewis “Iron Triangles and Silver Kites: Duty Lawyers in China” (Pierre Landry)
3:00 Eva Pils “The Global Consequences of China’s Dual State” (Katya Levy)
3:10 Shen Kui “Thirty Years of Judicial Review in China” (Neysun Mahboubi)
3:20 Discussion from the floor
4:00 Panel ends
4:00 to 4:15 Break
4:15 to 6:15 Panel 8
5 minutes per speaker
4:15 Ira Belkin “Whither the Rule of Law, Criminal Justice and Forced Confessions in the CCP’s China?” (Sue Trevaskes)
4:25 Sue Trevaskes “Deepening Reform in
China’s Criminal Justice System: The Case of ‘Trial Centeredness’”
(Katherine Wilhelm)
4:35 Katja Levy “China’s Legislation on
Social Organizations – Another Building Block of Authoritarian
Legality?” (Mark Sidel)
4:45 Lu Jun “The Experience of Economic
and Social and Cultural Rights NGOs Subject to Criminal Prosecution and
its Effects” (Jerry Cohen)
4:55 Mark Sidel “Intensifying Regulation
and Taking Control of Self-Regulation: The Party and State Take Broader
Charge in the Nonprofit Areas” (Lu Jun)
5:05 Jerome Cohen “Was Helping China Build Its Post-1978 Legal System a Mistake?” (Rick HIlls)
5:15 Katherine Wilhelm “Foreign Non-Profits – End of an Era” (Fan Kun)
5:25 Discussion from the floor
6:15 Panel ends
7:00 to 9:00 Dinner at the Michigan Law School Commons
Robert B. Aikens Commons in Hutchins Hall (625 South State Street, Ann Arbor)
Robert B. Aikens Commons in Hutchins Hall (625 South State Street, Ann Arbor)
Sunday, October 13, 2019
8:00 to 8:30 Arrival
8:30 to 10:30 Panel 9
5 minutes per speaker
8:30 Shen Wei “China’s Puzzling Banking Sector After the Economic Reform: 40 Years On” (Qin Ya)
8:40 Jim Feinerman “The Study of Law in Post-Mao China” (Shen Wei)
8:50 Fan Kun “New Developments of
Commercial Dispute Resolution Mechanism: China’s Two Ways Adaptation of
Transnational Standards” (Jacques DeLisle)
9:00 Jacques DeLisle “Turning the
Tables? A Chinese Model of Law, China’s Approach to International Law,
and Their Implications” (Jim Feinerman)
9:10 Susan Finder “What the Supreme Court’s Support for the Belt and Road Initiative Reveals” (Tom Ginsburg)
9:20 Tom Ginsburg “The BRI and Authoritarian International Law” (Matthew Erie)
9:30 Kemal Bokhary GBM, JP (presented by Martin Flaherty) “Light Emanating from the Shade” (Cheng Jie)
9:40 Discussion from the floor
10:30 Panel ends
10:30 to 10:45 Break
10:45 to 12:45 Panel 10
5 minutes per speaker
10:45 Teng Biao, “Constitution as Battlefield: Regime, Law and Human Rights” (Neil Diamant)
10:55 Zhang Taisu “Legality and Political Legitimacy in Contemporary China” (Kevin O.’Brien)
11:05 Tom Kellogg “Xi Jinping Ascendant?
Authoritarian Constitutionalism and China’s 2018 Constitutional Reforms”
(Margaret Boittin)
11:15 Keith Hand “Constitutional
Supervision in China after the 2018 Amendment of the PRC Constitution:
Refining the Narrative” (John Ohnesorge)
11:25 Neil Diamant “Useful Bullshit: The
National Discussion of the 1954 Draft Constitution and the Origins of
CCP Constitutionalism” (Tom Kellogg)
11:35 Jed Kroncke “Legal Complicity in an Age of Resurgent Authoritarianism” (Fu Hualing)
11:45 Terrence Halliday “Autonomy in
Extremis: China’s Notable Activist Lawyers and Their Political Sociology
of Basic Legal Freedoms” (Eva Pils)
11:55 Martin Flaherty “Sinology, Human Rights and Academic Freedom” (Fu Hualing)
12:05 Discussion from the floor
12:30 Panel ends
12:30 to 1:30 Lunch
1:30 to 3:30 Panel 11
5 minutes per speaker
1:30 Ethan Michelson “Many Voices in China’s Legal Profession: Plural Meanings of Weiquan” (He Xin)
1:40 Neysun Mahboubi “‘What is Dead May
Never Die’ – Judicial and Administrative Law Reform After the Fourth
Plenum” (He Haibo)
1:50 Tim Webster “The Law and Politics of World War II Reparations in Contemporary China” (Martin Flaherty)
2:00 Cui Wei “When Do Chinese National Ministries Make Law?” (Rick Hills)
2:10 Sarah Biddulph “Bureaucratic Inertia: What Does It Tell Us About Governance and Accountability?” (Jamie Horsley)
2:20 Alison Conner “Justice and Law at the (1980) Movies” (Margaret Woo)
2:30 Li Ji “Re-orienting Research on Lawmaking in China” (Zhang Taisu)
2:40 Discussion from the floor
3:30 Panel and conference ends
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