Author: Chen Lei

Abstract

While Chinese law occupies a sui generis position, namely, East Asian law, it is generally acknowledged that Chinese law comfortably wears the dress of civil law. The Chinese civil law tradition finds its historical roots in the late Qing Dynasty (1902–1911). Long before Alan Watson's magisterial book on the legal transplant, China experimented with importing foreign law. More to the point, the newly enacted Chinese Property Code, in effect for more than two years still has this feature. The new property code is an evolution rather than a revolution, since it is little more than an organic development of the existing law. Consequently, one would expect to find in the new legislation many traces of its past history. It is worth noting that any legal development is not a complete break with its past. Chinese law is no exception. A historical perspective exploring the origin of the traditions of civil law is both necessary and useful for it can shed light on the direction of the future development of Chinese private law.

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
In: The Legal Protection of Personality Rights
In: Towards a Chinese Civil Code
Authors: CHEN Guodong and LEI Xiaoyan

Using the Chinese Longitudinal Healthy Longevity Survey, we try to identify the effect that quantity of children has on the health statuses of elderly parents. After dealing with a potential endogeneity problem using instrumental variable estimation, we find no significant long-arm “fertility effect,” but do find a positive “supporting effect” of the quantity of children on parental health. That is, giving birth to more children has no significant effect, but the availability of additional children in old age has a beneficial effect on health during that time. Further investigation yields a more significant effect on mothers than on fathers, and a more pronounced effect on cognitive health than on physical health, as measured by occurrences of hypertension.

In: Frontiers of Economics in China
In: The China Economy Yearbook, Volume 4
In: The China Economy Yearbook, Volume 5
The Chinese and Comparative Law Series is a refereed scholarly series dedicated to the publication of studies of Chinese law in English, including works solely on Chinese law or Chinese law in a comparative legal context. The series also welcomes edited volumes. It aims for critical analyses of Chinese law in a broad sense and the presentation of legal developments in China to an international audience of lawyers and non-lawyers. It welcomes studies in all areas of law and studies of an interdisciplinary nature. Titles in the Chinese and Comparative Law series will be of particular interest to the international community of academics and practising lawyers, policy makers, national and international governmental and non-governmental organisations, and others interested in the study of comparative law.

This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.