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Publications

Since a central aspect of The China Law Center's mission is to enhance U.S. understanding of China's legal development, research, publications and outreach are an important component of our work. In each of our priority areas, we seek to produce or support publishable research as an element of project activity.

Recent Staff Publications:

Gewirtz, Paul, "Legislative Supervision of Court Cases," in Judicial Fairness and Supervision. Chinese (Adobe PDF Format (97kb)| English (Word doc)

Gewirtz, Paul, "Independence and Accountability of Courts," 3 Public Law Review 24 (2003) (in Chinese)

Gewirtz, Paul, "The U.S.-China Rule of Law Initiative," 11 William & Mary Bill of Rights Journal 603 (2003)

Gewirtz, Paul, "Independence and Accountability of Courts," 24 Global Law Review 7 (2002)
Chinese (Adobe PDF Format (1.11MB) | English (Adobe PDF Format (1.38MB)

Gewirtz, Paul, "Approaches to Constitutional Interpretation: Comparative Constitutionalism and Chinese Characteristics," Vol. 31 Part 2 Hong Kong Law Journal 200 (2001)

Hecht, Jonathan, "Developments in the Area of Evidence Law in China". Testimony on July 26, 2002 before the Congressional-Executive Commission on China.

Hecht, Jonathan, "Opening to Reform?: An Analysis of China's Revised Criminal Procedure Law," published by the Lawyers Committee for Human Rights

Hecht, Jonathan, "Taming the Dragon: Can Legal Reform Foster Human Rights in China?" (click here for his written testimony). Testimony on April 11, 2002 before the Congressional-Executive Commission on China.

Horsley, Jamie P., "Rule of Law in China: Incremental Progress," written as a background paper for incorporation in C.F. Bergsten, B. Gill, N.R. Lardy & D. Mitchell, China: The Balance Sheet (Public Affairs Press, 2006), available at: http://www.chinabalancesheet.org/Documents/Paper_Rule_of_Law.PDF

Horsley, Jamie P., "Public Participation and the Democratization of Chinese Governance," in Yang Zhong & Shipin Hua, eds., Political Civilization and Modernization: The Political Context of China's Reform (World Scientific Press 2006)

Horsley, Jamie P. "The Democratization of Chinese Governance Through Public Participation and Open Government Information," in Political Civilization and Modernization in China, Vol. 3, The Political Context of China's Transformation (Renmin University, Beijing, 2004) at 569.

Horsley, Jamie P. "Shanghai Advances the Cause of Open Government Information in China" on Freedominfo.org (April 20, 2004). A translation of The Shanghai Municipal Provisions on Open Government Information is also available.

Horsley, Jamie P. Book Review of China's Long March Toward Rule of Law, by Randall Peerenboom, Journal of Asian Studies (February 2004).

Horsley, Jamie P. "Guangzhou's Pioneering Foray Into Open Government" in China Business Review (July-August 2003) and also reprinted on Freedominfo.org with the author's translation of "The Guangzhou Municipal Provisions on Open Government Information" (Decree No. 8 of the Guangzhou Municipal People's Government dated November 6, 2002).

Horsley, Jamie P., "A Legal Perspective on the Development of Electoral Democracy in China: The Case of Village Elections," in Understanding China's Legal System (a festschrift in honor of Jerome A. Cohen, NYU Press, 2003).

Horsley, Jamie P., Book Review of Bird in a Cage: Legal Reform in China After Mao, by Stanley B. Lubman, The China Business Review, May-June 2002

Horsley, Jamie P., "Village Elections, Training Ground for Democratization", in The China Business Review, Mar-April 2001.

Prescott, Jeffrey, "Efficiency and Justice in Summary Criminal Trials," [Original English version in Adobe PDF format]. A Chinese version was published in Legal Daily [Fazhi Ribao], July 24, 2003.

Prescott, Jeffrey, "Who Decides Michael Jackson's Fate," A Bilingual version both in Chinese and English was published in Beijing Youth Daily [Beijing Qingnian Bao], March 27, 2005.

Prescott, Jeffrey, "82% of Americans disagreed with the president and congress's intervion in Terri Schiavo's case," A Bilingual version both in Chinese and English was published in Beijing Youth Daily [Beijing Qingnian Bao], April 17, 2005.

Prescott, Jeffrey, "Public Participation is getting hot in China," A Bilingual version both in Chinese and English was published in Beijing Youth Daily [Beijing Qingnian Bao], September 04, 2005.

Belkin, Ira, "China's Criminal Justice System: A Work in Progress," in Washington Journal of Modern China, Fall 2000 Vol. 6, No. 2

Other Publications:

The following are publications by visiting scholars, students, and othes affiliated with The China Law Center:

Cui, Wei, "Shenpi (Licensing) Reform from the Perspective of One Municipal Jurisdiction" 33 Hong Kong Law Journal 417 (2003)

Hao, Qian "From Status-Based Privilege to Old Age Security: Redefining Goals of Pension Reform in China", 6 Journal of the Institute of American and Chinese Culture (2003)

Hao Qian "The New Economic Constitution in China: a Third Way for Competition Regime?", 24 Northwestern Journal of International Law and Business 107 (2003)

Sheng, Yi, "A Promise Unfulfilled: The Impact of China’s 1996 Criminal-Procedure Reform on China’s Criminal Defense Lawyers’ Role at the Pretrial Stage" 4 Perspectives (2003)

Hsu, C. Stephen, "Understanding China's Legal System" (Editor), (a festschrift in honor of Jerome A. Cohen, NYU Press, 2003).

Sheng, Yi, "A Promise Unfulfilled: The Impact of China’s 1996 Criminal-Procedure Reform on China’s Criminal Defense Lawyers’ Role at the Pretrial Stage" Part 1, Part 2 in the on-line journal of the Overseas Young Chinese Forum, Perspectives.

Brochures and Articles about The China Law Center:

Click here for Yale President Richard Levin's "Introduction of President Hu Jitao", appearing on the Yale Office of President Wesite, April 21, 2006

Click here for "China Law Center Holds Conference on Homosexuality in China", an article appearing on the Yale Law School Website, January 26, 2006

Click here for "Beijing conference explored Chinese constitutionalism", an article appearing in the Yale Bulletin and Calendar, May 20, 2005, Volume 33, Number 28

Click here for "China Law Center Holds Conference in China on Constitutional Review", an article appearing on the Yale Law School Website, May 12, 2005

Click here for "Lawyers, Legal Scholars Debate Protection of Chinese Media in Beijing Workshop", an article appearing in the Yale Bulletin and Calendar, March 4, 2005, Volume 33, Number 21

Click here for "China Law Center Convenes Discussion on Defamation and Free Speech in Beijing", an article appearing on the Yale Law School Website, February 23, 2005

Click here for "The Law School Engages China: The China Law Center," an article appearing in the Yale Law Report, Winter 2003
Adobe PDF Format

Click here for the 2001 Brochure on The China Law Center
Adobe PDF Format (1.9MB)

Click here for "The U.S.-China Rule of Law Initiative," an article appearing in the Yale Law Report, Summer 1999
Adobe PDF Format

Davis, Deborah S. "The Legal Dimension: An Interview with Jonathan Hecht" 2 The Yale-China Health Journal 119 (2003)

Other Articles about The China Law Center:

Jim Yardley."Desperate Search for Justice: One man vs. China" . New York Times November 12, 2005. -- a great quote by Jonathan Hecht, the Deputy Director of TCLC, really gives all the head-swimming details some broader context and theme.

Time Special Report "China's New Revolution" profiles "Changing the game" June 27, 2005 -- two of the six people in this article have recently been visiting scholars at The China Law Center. Sun Chao in the Fall of 2001, and Zhou Dan in the Spring of 2004.

Scheffey, Thomas B. "China Moves Toward Open Government Rules." The Connecticut Law Tribune. August 23, 2004.