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An overview of English Resources for Chinese Legal Research

Published online by Cambridge University Press:  19 March 2013

Abstract

This article, written by John Bahrij and Lily Ko, focuses on resources in print and electronic form that are available in English for Chinese legal research in the Greater China region. The article covers resources for the People's Republic of China (PRC), Hong Kong Special Administrative Region (HKSAR), Macau Special Administrative Region (MSAR) and Taiwan. An overview of each jurisdictions legal system is also provided so that the resources can be discussed in the context of the prevailing system of law.

Type
Chinese Law and Legal Information
Copyright
Copyright © The Author(s) 2013. Published by British and Irish Association of Law Librarians

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References

Footnotes

1 The Constitution of the People's Republic of China (1982, as amended in 2004), Art 5

2 Ibid, Art 58, 62

3 The official publication of NPC is the Gazette of the Standing Committee of the National People's Congress of the People's Republic of China. This includes laws and regulations, and other enactments of the NPC. Contents are in Chinese.

4 The official publication of the State Council is Gazette of the State Council of the People's Republic of China. This gazette contains laws and resolutions enacted by the NPC and NPCSC, administrative regulations enacted by the State Council and international treaties entered by the PRC government. Contents are in Chinese.

5 The official publication of the SPC is Gazette of the Supreme People's Court of the People's Republic of China. This covers cases, judicial interpretations and judicial news. Contents are in Chinese.

6 The official publication of the SPP is the Gazette of the Supreme People's Procuratorate of the People's Republic of China. It has judicial interpretations, case summaries and information of the SPP. Contents are in Chinese.

7 Chen, Albert Hung-yee. (2011) An Introduction to the Legal System of the People's Republic of China. Hong Kong, LexisNexis. 161Google Scholar

8 Above 1, Art 89(9)

9 Above 1, Art 67(14)

10 Above 7, 167

11 Above 7, 167

12 The major official Chinese sources include Laws and Regulations of the People's Republic of China (loose-leaf) compiled by the NPCLAC, Collection of the Laws of the People's Republic of China complied by the NPCSC, Collection of New Laws & Regulations of the PRC compiled by the State Council

13 published by the Foreign Language Press or law Press, 1987–

14 published by the China Legal Publishing House, 2012, 8 volumes. (in Chinese & English). It classifies laws and regulations in the following subjects : Constitutional Law, Civil and Commercial Law, Administrative Law (2 volumes), Economic Law (2 volumes), Social Law, Criminal Law and Procedure Law.

15 published by the China Legal Publishing House, 2011 (in Chinese & English). Laws and regulations which are currently in force are also arranged into different areas of law such as Constitutional law, Civil and Commercial law etc.

16 published by China Legal Publishing House, 1991– (in Chinese & English). It includes laws, administrative regulations and other regulatory documents which were enacted by the NPC and the State Council on foreign-related matters from 1949 to 1990, with an annual update every year afterwards.

17 The English version of the Constitution of the PRC and its four amendments are available at: http://www.npc.gov.cn/englishnpc/Constitution/node_2824.htm

18 It classifies laws and regulations into Constitutional and the Related Laws, Civil and Commercial Laws, Social Law, Administrative Law, Economic Law, Criminal Law, Procedural and Nonprocedural Laws, Administrative Regulations.

19 The official Chinese compilation of treaties is International Treaties of the People's Republic of China, compiled by the Ministry of Foreign Affairs

20 The comprehensive legal databases in Chinese include ChinaLawInfo, Lawyee.net, China Infobank, etc.

21 The Chinese version, ChinaLawInfo, has developed since the 1980s.

22 It contains national and local laws and regulations in the following subjects: Government, Administrative and the Legal System, Economic Law, Tax and Finance, Real Property, Infrastructure and Transport, and Trade, Commerce and Industry (in Chinese & English)

23 It contains laws and regulations issued by China's special economic zones and major cities and provinces (in Chinese & English)

24 It consists of PRC business laws and regulations (in Chinese & English)

25 For example, Lexis has translated the Announcement of the China Regulatory Commission 2012 No. 36 (Title is Circular on Issues Concerning the Implementation of the Individual Income Tax Policies Pertaining to Dividend Differentiation of the Listed Company) which was issued on 16 November 2012 while Westlaw China has translated the Announcement of the China Regulatory Commission 2012 No. 35 (Title is Decision on Revising the Regulations on Calculation Standards for Risk Capital Reserves of Securities Companies) which was issued on the same day 16 November 2012. Another example is the English translation of the Mental Health Law of the People's Republic of China which was issued on 10 October 2012 and is available in LawInfoChina and Westlaw China but not in Lexis at the moment.

26 AsianLII (http://www.asianlii.org/) has the English translations of selected PRC laws and regulations from 1949 to 2007. Novexcn.com (http://www.novexcn.com/) has the English translations of selected PRC laws and regulations arranged by subject and was last updated in 2004. Lexadin Legislation China (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwechi.htm) has the English translations of selected PRC laws and regulations arranged by subject and was last updated in 2009.

27 Major compilation of PRC Cases in Chinese: Renminfayuan anlixuan; Zhongguo shen pan an li yao lan; Pan jie yan jiu

28 Selected Edition of China Law Reports, 1991–2004 (in English): edited and compiled by the National Judge College of Supreme People's Court [and] China Renmin University Law School. Cases are arranged in three broad subjects: Criminal Law, Civil and Economic Law, and Administrative Law. It provides catchwords, headnote, editor's notes of each case as well as the English translation of the cases. China Law Reports (1991–1994) (in English): published by Butterworths Asia in three volumes: v. 1 on Criminal Law, v. 2 on Civil Law and v. 3 on Administrative Law and Economic Law.

29 Cambridge University Press – China http://www.cambridge.org/contacts/china/

34 Katz, Stanley N. (ed.) (2009) The Oxford International Encyclopedia of Legal History. Oxford, Oxford University PressGoogle Scholar. The electronic version is available in the Oxford Reference Online

36 Beijing, Press of Law Yearbook of China, 2002–

37 Leiden, Brill, 2008–

38 The major database of law journals written in Chinese is China Journal Net

39 Hong Kong, China Law and Practice Ltd., 1987–

40 Hong Kong, Vantage Asia (China) Limited, 2009 – In English and Chinese.

41 Hong Kong, Zhongguo fa lu za zhi she you xian gong si, 1994–

42 White Plains, N.E. Sharpe, 1968–

43 Madison, China law digest, 2005–

44 Hong Kong, Asia Law & Practice, c2005- The latest volume is in 2010.

45 Amsterdam, Higher Education Press, in association with Springer, 2006–

46 Beijing, Peking University Press; Peking University Law School, 2008–

47 Beijing, Tsinghua Law School, Tsinghua University, 2009- ([Lincoln, Neb.], Joe Christensen, Inc., 2009–

48 Hong Kong, Hong Kong Law Journal Ltd., 1971–

50 Luo, Wei. (2007) Proposed Legal Citation System, Beijing, Beijing University Press (in Chinese and English)

52 Austin, Wolters Kluwer Law & Business, 2009

53 The Basic Law of the HKSAR, Art 9 “in addition to the Chinese Language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region”.

54 Details of the court system of the HKSAR, please refer to the website of Judiciary of the HKSAR, About Us http://www.judiciary.gov.hk/en/index/index.htm

55 This website is developed by the University of Hong Kong Libraries and the Hong Kong University Centre for Comparative and Public Law.

56 Legislation Publication Ordinance (Cap 614)

57 Previous compilation editions include editions published in 1890, 1901, 1912, 1923, 1937, 1950 and 1964 (the 1964 edition also called the Revised Edition and was last updated in 1990).

58 Hong Kong Special Administrative Region Judiciary Courts and Cases Types http://legalref.judiciary.gov.hk/lrs/common/help/hlptopic.htm

59 Hong Kong, Sweet & Maxwell, 1997– This law report publishes an issue every two weeks or four bound volumes and one yearbook every year. The title of this law report was the Hong Kong Law Reports (HKLR) from 1905 to 1996.

60 Hong Kong, LexisNexis, 1946 – It also publishes an issue every two weeks or four bound volumes every year.

61 Hong Kong Chinese Law Reports & Translations (1995–) Hong Kong, Sweet & Maxwell; Thomson Reuters, 2009 – The electronic version is available in Westlaw HK/Westlaw International

62 Hong Kong, Sweet & Maxwell publication,1997–

63 Other laws reports include Hong Kong Conveyancing and Property Reports (CPR) (1980– ), Hong Kong Criminal Law Reports (HKCLR) (1992–1996), Hong Kong District Court Law Reports (HKDCLR) (1953–1996), Hong Kong Inland Revenue Board of Review Decisions (IRBRD) (1974–) Online access available at http://www.info.gov.hk/bor/eng/decision.htm, Hong Kong Lands Tribunal Law Reports (HKLTLR) (1977–1980), Hong Kong Revenue Cases (HKRC) (1989–) Online access available via the database IntelliConnect, Hong Kong Tax Cases (HKTC) (1970–)

64 Chan, Patrick, Ho, Betty. (2004) Hong Kong, LexisNexis Butterworths

65 Chan, Patrick, Ho, Betty. (2005) Hong Kong, LexisNexis Butterworths

66 Department of Justice (2010). English-Chinese Glossary of Civil and Commercial Law Terms. 3rd ed. Hong Kong, Government Logistics Dept.

67 Halsbury's Laws of Hong Kong (2nd ed) Hong Kong, LexisNexis Butterworths, 2011

68 Hong Kong, LexisNexis, 2001–

69 Hong Kong, LexisNexis Butterworths, 2010–

70 Hong Kong, Sweet & Maxwell Asia, 2000–

71 Hong Kong, Sweet & Maxwell Asia, 2003–

72 (2011 ed.) Hong Kong, LexisNexis Butterworths, 2011

73 Hong Kong, Butterworths, 2000–

74 Hong Kong, LexisNexis, 2003–

75 Hong Kong, School of Law, City University of Hong Kong, 2009–

76 Hong Kong, Faculty of Law, University of Hong Kong, 2007– The previous title is Hong Kong Student Law Review (1994–2006)

77 Hong Kong, Centre for Chinese and Comparative Law, City University of Hong Kong, 1995–2003

78 The Civil Procedure Code of MSAR, Art. 652

79 The English translation of the Basic Law MSAR is also available at the website of the University of Macau (http://www.umac.mo/basiclaw/english/main.html). Other official websites are available in Chinese and Portuguese only, such as Macau Law Portal (http://www.macaulaw.gov.mo/pt/index2.asp), LegisMac (http://legismac.safp.gov.mo/legismac/main/main.jsf?lang=pt), the website of MSAR Courts (http://www.court.gov.mo/c/cdefault.htm)

80 Godinho, J. (2007) Macau Business Law and Legal System Hong Kong, LexisNexis. It provides the English translation of the Macau Civil Code.

81 Above 7, 29

82 Liane, Newton, Wang, Jong. (1989) A Research Guide to Taiwan (ROC) Law. Journal of Chinese Law 3, 257,267

83 Chiu, Hungdah, Fa, Jyh Pin (1994) Taiwan's Legal System and Legal Profession. Occasional Papers/ Reprints Series in Contemporary Asian Studies No. 5 1994 (124), 8

84 Central Regulations Standard Act (available at the website of Laws & Regulations Database of the Republic of China http://law.moj.gov.tw/eng/LawClass/LawContent.aspx?pcode=A0030133

85 Above 82, 276

86 Laws of Republic of China, Taipei, Xing zheng yuan fa gui wei yuan hui, 1994. (in Chinese) This is a looseleaf publication in 41 volumes and it is the most comprehensive compilation of Taiwan laws and regulations in print format.

87 Major Statutes of the Republic of China (1990–) (In English), Major Laws of the Republic of China on Taiwan (1991) (In English –Chinese) Civil Code of Republic of China (2004) (In English)

88 The coverage of Acts is back to the beginning of the ROC. For example, the English translation of the Land Act which was enacted in 1930 can be found in this database. It also provides the English translation of Conventions, and the link to the English translations of the Justices of the Constitutional Court, i.e. the interpretations of the Council of Grand Justices.

89 Taipei, Judicial Yuan, Republic of China, 2007– (In English – Chinese)

90 Volume 1 is from J.Y. Interpretation No. 1-233 (1949–1988), Volume 2 is from J.Y. Interpretation No.234-392 (1989–1995), Volume 3 is from J.Y. Interpretation No. 393-498 (1996–1999), Volume 4 is from J.Y. Interpretation No.499-570 (2000–2003) and Volume 5 is from J.Y. Interpretation No.571-622 (2004–2006).

91 Baltimore, the Chinese Society of International Law – Chinese (Taiwan) Branch of International Law Association, 1982–) (In English)

92 Taipei, College of Law, National Taiwan University 2006 –

93 These three journals can be found under International/Worldwide Materials database, then Asia and the Pacific Rim and then under Taiwan's subsection.

94 Taipei, Airiti Press, 2010–

98 Deventer, Kluwer Law and Taxation Publishers, 1991 – Electronic version is available in Kluwer Law International – Kluwer Law Onlin e

99 Oceana Publications' loose-leaf titles include Comparative Environmental Law and Regulation, Digest of Commercial Laws of the World, International Banking Law and Regulation, International Execution Against Judgment Debtors, International Securities Regulation, International Securities Regulation: Stock Exchanges of the World, Investment Laws of the World, International Secured Transactions, Transnational Contracts, World Intellectual Property Rights and Remedies

100 Darwin, LAWASIA, 1998–

101 Unique in Westlaw International is Asian Pacific Law and Policy Journal and unique in Lexis.com includes UCLA Asian Pacific American Law Journal, Asian Law Journal and Asian Journal of International (UK).