View count: 3217

FRAMWORK AND DEVELOPMENT OF CHINS'S LEGAL SYSTEM



Framework and Development of China’s Legal System
Cooperate with College of Law
 
Since 1979, China has continuously quickened the transformation of the socio-economic system. One of the greatest impacts of this is the substantially increased degree of dependence on law. Based primarily on economic interests, the U.S. and Europe are racing to conduct research on China’s legal system, and in the field of China studies there has been increasingly more importance attached to the issue of law. Since Taiwan’s laws and experiences are primary references during China’s process of establishing the foundations for the rule of law, and since Taiwan is having plenty economic and political issues related to this process, Taiwan should direct its legal studies research into this area and allow Taiwan’s Chinese legal studies to shine.
The NCCU College of Law is a pioneer in researching China’s legal system and has lots of academic achievements in Taiwan. On this basis, we will set the China Legal Research Center of the NCCU College of Law as a platform for scholarly exchange and work hard toward securing a strategic place for the China Legal Research Centerinternationally.
 
Key Topics
 
Orientations of codifying mainland civil law: In 2002 China formally announced a ten year codification of civil law project, and further released a draft. Over the past 30 years, China has raised ranks of legal scientists, and accumulated practical experiences, creating positive preconditions for formulating this historic legal code. As the curtain is pulled back on the second wave of code of civil law discussions, this research expects to include Taiwan’s experiences in the studies of the new code while letting the new code initiate new ideas in Taiwan’s civil law studies.
 
Functions and reforms of China’s judiciary: Given the rapid expansion of mainland China’s market economy, this research is interested in how the judiciary responds to the requests of the rising middle-class regarding protection of rights, and the demands from the lower-middle income rural class to share the fruits of the economic advancement. Research content includes mainland China’s constitutional law, civil cases, criminal cases, labor disputes, and administrative procedural law systems and their amendments, amongst other topics, that concern the livelihood of China’s citizens as well as the interests of about one million Taiwanese business people on the mainland. Thus, this research, focused on cross-strait academic and social development, is not only foresighted, but also its results will assist in responding to the demands for the protection of people’s rights during cross-strait exchanges.
 
  1. Comparative research on cross-strait corporate governance standards: The goal of this research is to thoroughly investigate mainland China’s corporate governance standards and see the interaction and impediments between these standards and the economic system. Further, starting from the angle of foreign investment affairs and for the benefit of Taiwan’s corporate interest, it will be to discover the possible future directions for the mainland’s corporate governance development.
 
  1. Comparison of cross-strait labor and social law systems: Although both sides of the strait have stepped in unison in the realm of civil law, yet labor laws and social laws reflect extremely different political, economic, social and cultural backgrounds between them. Under the context of increasingly close cross-strait relations, this research will, with the legal systems for labor contracts as a major focus, explore whether or not the qualities of labor laws and social laws are adequate to meet the needs of the economic and social development trends and satisfy the function of preserving social justice.
 
  1. Protection of cross-strait intellectual property rights (IPR) and internet regulations: This research will focus on discussion of network exchange and related IPR and copyright laws, and additionally, examine institutional issues such as digital technology related network transaction security. It is anticipated that this research will help pave a smoother road for both sides of the strait to share the benefits of economic and trade exchanges, technology development, and cultural blending by constructing a sound legal system.
 
  1. The legal framework for cross-strait peace: The starting point for this research is a macro, national-level, academic position with both sides of the strait as a research subject; we will develop an academically sophisticated new research orientation, under a dynamic, developing and yet unknown complex state framework, not subject to any ideological constraints, so as to make a contribution to international constitution studies and the state theory.