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

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 10h 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 10h 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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