Tort Liability for Infringements on the Right of Reputation under Chinese Law

Maja Blumer: Tort Liability for Infringements on the Right of Reputation under Chinese Law – A Review of Selected Court Cases

Fajus Research Paper Series on Chinese and East Asian Law No. 1 (10/2016)

 

Having and giving „face“ has always been important in Chinese society. It is not surprising, therefore, that the right of reputation has found its place in the legislation of the PRC when laws were re-introduced in the 1980ies. While the legal provisions seem pretty straightforward, court cases show that the Chinese legal system and Chinese society are very much different from their counterparts in the West.

In the Fajus Research Paper Series on Chinese and East Asian Law, Fajus Verlag GmbH (Fajus Publishing Ltd.) publishes academic papers on legal topics regarding China, Korea, Japan and other East Asian countries. The paper „Tort Liability for Infringements on the Right of Reputation under Chinese Law – A Review of Selected Court Cases“ by Maja Blumer is the first paper published in this series. It is a slightly modified version of a contribution that was first published in Jusletter of June 27, 2016. The print edition is available at Fajus Verlag and through major booksellers. The PDF-version of the paper is available free of charge on the website of Fajus (www.fajus.com) and on other open-access repositories.

rp1coverISBN 978-3-906107-25-7 (Print Edition): EUR/CHF 10.00

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Newly Published: Chinese Legal History and Philosophy by Ludwig Hetzel

FotoIn his book, Ludwig Hetzel outlines the historical and philosophical background of China’s legal system.  Combining native training in Western legal science with studies in China on Chinese legal science, Hetzel helps Western readers grasp the essence of Chinese law.

Using clear and simple language, Hetzel introduces even the non-experts to an otherwise complicated subject.  He encapsulates his thesis with a critical comparison: in the West, law is of divine provenance, like the Ten Commandments of the Christian God; in China, law is mundane tool utilized to maintain good order in a vast and populous empire.

Of contemporary Chinese law, Hetzel highlights China’s continuing effort to harmonize her law with Western concepts, made necessary by the demands of globalization and China’s trajectory and ambition as a major, if not potentially dominant, world power.  One of the example Hetzel cites is the passage of the Chinese Foreign Trade Law and  China’s accession to the World Trade Organization.

Hetzel not only looks back at the past, he peers into the future as well.  He suggests that in the evolution of Chinese law, its historical and philosophical foundations will remain not only relevant but significant.  In the revival of Confucianism in China, for instance, Hetzel points out that this might hinder the development of rule of law in accordance with Western patterns.

On top of Hetzel’s detailed narrations and perceptive insights, thoughtfully annexed to his book are translated texts of select Chinese statutes, not always easy to find, that provide concrete illustration of China’s modern approach to law. Altogether, Hetzel’s work is a valuable aid to understanding Chinese legal thought.

Univ.  Prof. Dr. Gerd Kaminski, Boltzmann Institut für China- und Südostasienforschung 

Ludwig Hetzel, Chinese Legal History and Philosophy, Fajus 2013, ISBN: 978-3-906107-03-5, Hardcover, 111 pages, € 57,30 / CHF 74,50

Available at your bookshop or in the Fajus-Webshop.

Chinese Private International Law

Cover PILFajus officially published the first book: „Chinese Private International Law“ by Maja Blumer. It not only contains a concise introduction to the Chinese Law on the Application of Law in Foreign-Related Civil Relationships“ but also the original text of the Chinese Private International Law and other legislative acts by the Supreme People’s Court along with Pinyin transcription and an English translation.

Maja Blumer, Chinese Private International Law, Fajus 2013, ISBN: 978-3-906107-00-4, € 57,30 / CHF 74,50

Available at your bookstore or at the Fajus-Webshop.