11 Tsinghua China L. Rev. [i] (2018-2019)

handle is hein.journals/tsinghua11 and id is 1 raw text is: 





                 Tsinghua China Law Review

Volume   11                Fall 2018              Number   1


                           PREFACE

   This  Special  Issue represents  a  series of  our  efforts in
commemorating   the  10  Anniversary of  the establishment of the
Tsinghua China Law  Review. The theme of the Special Issue - Witness
the Transformation, reflects the way we have positioned ourselves
since our inception, which is to promote a greater understanding and
a critical examination of issues impacting the rapidly transforming
legal landscape in China.
   A  number of subject areas are given considerable attention in this
Special Issue, including jurisprudence, intellectual property, legal
history, international arbitration and dispute settlement as well as
energy law. Apart from the articles we carefully select from online and
email submissions, we  include contributions made by  two of our
distinguished guest speakers in The 10f Anniversary Symposium:
China's Role Under the Globalization of the Rule of Law, which was
successfully held on 8 September 2018. The Special Issue also sees
our milestone effort to resume the China  Law  Update  column, a
platform where we publish editorial notes to reflect upon some of the
latest developments of Chinese law and society additional to those
being covered in our articles.
   In The  Role of Public Perception in the Rule of Law, Gregory
Mandel  adopts a bottom-up approach  and focuses on the impact of
public perception on  the implementation of the rule of law. By
exploring  American  and  Chinese   attitudes towards intellectual
property rights, the author identifies a large disconnection between the
public perception and the actual law in both countries, which produces
genuine legitimacy challenge for the intellectual property law in terms
of its functionality.
   In The Application and Challenges of Blockchain in Intellectual
Property Driven Business in China, Frederick Mostert and WANG Jue
introduce the recent applications of the most heated technology in
commercial  and legal worlds, in which China takes a leading role.
Despite Blockchain's untapped potential in trademark, copyright and
evidence uses, the authors are also aware of the underlying challenges
and  dilemmas,  such  as reliability of information, privacy and
jurisdiction.
   In Debates on Mutilating Corporal Punishments and  Theories of
Punishment  in  Traditional Chinese Legal  Thought,  Norman  Ho
carefully summarizes and  analyzes key historical debates over the
Mutilating Corporal Punishments, many  of which are for their first

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