scholarly journals Mass Digitization of Chinese Court Decisions: How to Use Text as Data in the Field of Chinese Law

Author(s):  
Benjamin L. Liebman ◽  
Margaret Roberts ◽  
Rachel E. Stern ◽  
Alice Z. Wang
2020 ◽  
Vol 8 (2) ◽  
pp. 177-201
Author(s):  
Benjamin L. Liebman ◽  
Margaret E. Roberts ◽  
Rachel E. Stern ◽  
Alice Z. Wang

2019 ◽  
Vol 25 (7) ◽  
pp. 761-775 ◽  
Author(s):  
Jian Qu

Abstract Trust law was transplanted into China nearly two decades ago, but how has it been applied by the Chinese courts? The answer may be found in relevant judgments. This study collected accessible Chinese court decisions related to trusts, and, relying on this, the citation practice of Trust Law in courts can be analyzed chronologically, and intensively applied articles can be singled out. Thus, this study intends to use these judicial documents, as data and as individual cases, to examine the role that the Chinese Trust Law has played in the judicial field since its enactment in 2001.


1995 ◽  
Vol 141 ◽  
pp. 82-109 ◽  
Author(s):  
Anthony R. Dicks

Among the various classes of legal documents which have become publicly available in China in recent years, few are more interesting than the growing body of reported decisions by courts and other institutions. Usually resulting, directly or indirectly, from litigation or some similar process, these interpretative rulings and decided cases have appeared in increasing numbers in the nine years following the first publication of the Supreme People's Court's own gazette. Since then a number of general collections of judicial interpretations and abstracts of court decisions have been brought out, some of which pre-date the Cultural Revolution. The Supreme People's Court now supplements its gazette with periodical collections of reports of cases, and more specialized collections of interpretations and cases have been published to meet various specific needs, academic and professional.Access to material of this kind on a larger scale than hitherto sheds light on various aspects of the Chinese legal system itself which for foreign observers were previously obscure. Moreover, although most of the cases and decisions which are published emanate from the higher levels of the legal hierarchy, they bring the reader closer both to the practical workings of the legal system and to the thought processes which guide it.The question which inevitably arises is whether these newly available materials should be regarded as providing more than just a heightened awareness of the dynamics of Chinese society and its legal system. Outside China, the study of Chinese law is increasingly regarded not merely as a discipline for the description and analysis of a specialized category of Chinese institutions, but more importantly as a source of detailed prescriptive norms of the kind expected from legal systems in the world as a whole.


2019 ◽  
Vol 14 (S1) ◽  
pp. S97-S117
Author(s):  
Qiao LIU

AbstractChinese court cases have attained increasing importance in recent studies of Chinese law, but remain insufficiently understood. In this article, I demonstrate why Chinese court cases should be given more weighty consideration in comparative studies involving Chinese law as a comparator, and how such cases, particularly ‘Guiding Cases’ and ‘Gazette Cases’ (which are published in the official Gazette of the Supreme People's Court), should be properly dealt with and assessed in view of the complexity of the court case system in China.


2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.


2020 ◽  
Vol 73 (2) ◽  
pp. 187-197
Author(s):  
Wang Ding

AbstractChinese sources document foreign names with phonetic transcriptions and render them in Chinese characters with close, or at least approximate, sound value. Among the Sogdians who were active at the Chinese court of the 6th century there were two persons named He Zhuruo and An Weiruo respectively. The etymology of both names can now be tentatively identified with Maniach, the name which was recorded in a Byzantine source, being that of a Sogdian envoy to Constantinople. Hence the original written form of Zhuruo and Weiruo can be restored with the spelling Moruo. The reason for these misspellings goes back to the graphic similarity of the concerned characters. Some further emendations of similar kinds are also proposed.


Sign in / Sign up

Export Citation Format

Share Document