After all the editors’ hard and conscientious work, Peking University Transnational Law Review published its Volume 2, Issue 2. This issue covers a broad area of law, including five articles, a book review, a student’s note and the Law Review’s supplemental rule for Bluebook on Chinese sources. You may access the digital version of this issue by visiting our website, or through various databases like HeinOnline, Lexis China, and Chinalawinfo. In the near future, Peking University Transnational Law Review will be available and accessible on Westlaw, LexisNexis, CNKI and other databases.
Peking University Transnational Law Review is committed to providing an important academic forum for scholarly debate with its unique transnational and comparative perspectives. The new issue will make a positive contribution to the legal scholarship, both domestic and international.
The articles include Professor Francis Snyder’s writing on the WTO Trade Policy Review Mechanism on China’s food safety issues and its influence on the reform of Chinese food safety law and improvement of food safety in China; Professor Nansulhun Choi and Professor Sang Yop Kang’s analysis of a chaebol (large family corporate groups) controller’s incentive mechanism, private benefit extraction, and the controlling minority structure in Korea; Professor Seth Chertok’s paper on why the joint agencies shouldn’t apply the Volcker Rule to private equity real estate funds; Professor Zhu Daming’s discussion on the origin and current situation of the institution of corporate divestiture in China, pointing out its existing problem and the possible way to reform; and Patrick Jiang’s article introducing a few critical misunderstandings about the precautionary principle in the context of EU law, and developing a clear and uniform interpretation of this principle.
Professor Mark Feldman’s book review discusses Karl P. Sauvant and Federico Ortino’s report Improving the International Investment Law and Policy Regime: Options for the Future and foresees the development of international investment law.
The student’s note written by Zhou Yu reveals a blind spot of the latest judicial reform proposal in China – the judicial mandate of its review authority, especially the authority mandate for the local courts.
Professor Thomas Man attended the Second International Symposium on Sino Swiss Evidence Science held in Lausanne, Switzerland, September 5 – 9.
The theme of the conference is “Exploring Scientific Evidence and Judicial Proof in an International Perspective.” More than 30 legal scholars and forensic scientists from Switzerland, China, the United States, Australian, New Zealand and other European countries attended the conference.
Professor Man presented a paper titled “Understanding Chinese Forensic Examination” at the plenary session and chaired a panel on forensic examination and the legal process.
On January 9, 2015, John Moore (a partner in UK Magic Circle firm Slaughter and May’s Hong Kong office) discussed Hong Kong capital markets legal careers as part of Peking University School of Transnational Law (STL)’s law careers series; Professor Norman P. Ho of STL moderated the discussion, as well as the Q&A that followed. Mr. Moore discussed various topics including his own career background and trajectory, market and regulatory trends in Hong Kong capital markets generally, as well as career advice and tips for students considering future careers in capital markets practice groups in international law firms in Hong Kong.
On January 6, 2015, Professor Norman P. Ho, assistant professor of Peking University School of Transnational Law, delivered a talk on the implementation and application of the Tang Code in the Tang dynasty.
Using various selected historical sources and case accounts that he translated into English, Professor Ho argued that there appears to have been inconsistencies in how the Tang Code was applied during the Tang – sometimes, there were discrepancies in what was required by the Tang Code (particularly from a criminal procedure standpoint) and what officials deciding cases actually did in practice. However, some surviving case judgments also suggest that some officials did faithfully apply the provisions of the Tang Code in their cases. Professor Ho argued that these inconsistencies should not necessarily be surprising, given the dynamic history of the Tang period and the geographic diversity of the Tang empire, which likely required a diversity of governance and jurisprudence approaches across different localities at different points of time.
Peking University School of Transnational Law (STL), on PKU’s Shenzhen Graduate Campus, is the only law school in the world that combines an American-style Juris Doctor degree (J.D.) with a China law Juris Master degree (J.M.). STL provides an academically rigorous, bilingual program of legal education that prepares students for the mixture of common law, civil law, and Chinese legal traditions increasingly characteristic of the global economy.
We invite you to experience STL’s cutting-edge program by joining our 2015 Summer Honors Program (SHP). At SHP, you will be
- challenged in dynamic classroom discussions with STL’s leading multinational faculty and an elite group of fellow students with whom you will develop lifelong memories;
- introduced to an entirely different way of thinking by STL’s unique method of instruction — the Socratic Method;
- inspired by the exciting and diverse career paths of STL graduates and motivated by the drive and achievements of STL students and faculty;
- empowered by the confidence you will develop as a result of expanding your cross-cultural awareness and understanding; and
- welcomed by STL’s warm and open community.
August 2 to August 8, 2015 (includes visit to Hong Kong)
Peking University’s Shenzhen Graduate Campus located in Shenzhen, one of China’s most innovative and attractive cities
Enrollment is limited to 80 students who will be divided into sections of 40 each
A detailed schedule will be forthcoming. Please check our web site at http://stl.pku.edu.cn/shp/ for regular updates. Past SHP activities have included interactive J.D. and J.M. classes taught in English and Chinese by STL’s distinguished multinational faculty; moot court competitions; discussion sessions with current STL students and STL graduates; and visits to leading Shenzhen-based companies (e.g., Huawei; China Vanke Industries) and important government and judicial offices (e.g., the Hong Kong High Court; the Hong Kong Independent Commission Against Corruption; and the Legislative Council).
Here’s what two former SHP students (now full-time students at STL) had to say about their SHP experience:
“[T]he Socratic Method and moot court left me with the deepest impression. I got a better understanding of the differences between STL and traditional Chinese law schools – initiative, critical thinking are greatly emphasized at STL. Although it is true that the four years of learning at STL will be challenging and demanding, … [I have learned] that studying law can be interesting and thrilling.”
“The most important thing I learned [at STL] is: help each other learn. This is very different from what I was taught in our education system. In Chinese education system, we have to compete with each other stressfully, everyone wants to be in the top and most of the time we exclude others from our own new ideas and achievements. In 10 days at STL, I and my roommates helped each other read cases, we exchanged ideas, … we solved problems together as a team and we learned new things faster and efficiently … From what I have experienced at STL, I am impressed by the team spirit …”
1. Junior students from key universities in China (mostly universities among the 985 or 211 project); academic performance at a level recognized for distinction is expected.
2. Students from HK, Macau, Taiwan and abroad are welcome.
3. High English proficiency; proof of materials like TOFEL, IELTS, GRE, CET 4/6, TEM 4/8 or others are necessary.
4. All undergraduate majors welcome.
APPLICATION PROCEDURES AND CHECKLIST
1. Register for an online application via the portal (http://ss.pkusz.edu.cn/stlsmh) before June 15, 2015.
2. Send compressed file of the following materials via email to email@example.com before June 15, 2015.
- Resume in Chinese and English
- Personal Statement in Chinese and English
- Evidence of English Proficiency
- Certificate of Enrollment with official stamp from Office of Academic Affairs
- Academic transcripts with official stamp from Office of Academic Affairs (in Chinese and English)
- Certificate of Ranking issued by Office of Academic Affairs or related schools
- Other materials like Certificate of Awards, academic articles or achievements
TUITION AND SCHOLARSHIPS
Tuition is 3,000 RMB, which includes accommodation, insurance and Hong Kong visit expenses. Tuition is paid via bank transfer to the Peking University Shenzhen Graduate School account after being admitted.
STL offers a limited number of need-based scholarships to SHP students. To apply for a scholarship, please submit the following materials to firstname.lastname@example.org by June 15:
1) Certificate of financial need (scanned copies are acceptable); and
2) Brief statement in English explaining your financial hardship
CERTIFICATE OF COMPLETION and FUTURE J.D./J.M. ADMISSIONS
At the conclusion of the program, students will be presented with a personalized “Certificate of Completion”from STL recognizing their successful participation in SHP.
SHP students wishing to apply to STL’s J.D./J.M. program for admission in 2016 will be allowed to submit a personal essay following the conclusion of SHP. The essay will be afforded substantial weight in STL’s admissions process.
Peking University School of Transnational Law
B103, Peking University, University Town
Xili, Nanshan District
Tel: 86-755-2603 2571
Fax: 86-755-2603 2567
Information Page for International Students
2017 Admission Program Introduction (2017年招生简章)
PKU Exempt Admissions Notice (2017年接收推荐免试研究生说明)
Exam Students Registration Handbook (全国法硕联考报考指南)
Peking University School of Transnational Law (“STL”), on PKU’s Shenzhen Graduate Campus, is the only law school in the world that combines an American-style Juris Doctor degree (J.D.) with a China law Juris Master degree (J.M.), thereby preparing students for the mixture of common law, civil law, and Chinese legal traditions increasingly characteristic of the global economy. The law school’s resident faculty includes scholars from the U.S., China and the EU whose previous and concurrent appointments include such esteemed law faculties as those of Harvard, Yale, Stanford, the University of Chicago, University College London, University Aix-Marseille, and Hong Kong University, among others.
The fundamental mission of STL is to (i) educate top Chinese university graduates about different legal traditions and systems and thereby promote their ability to contend with the new policies and practices likely to emerge from the East-West integration under way in Southeastern China; (ii) contribute to the creation of a Chinese legal profession equipped to serve China’s increasingly sophisticated domestic economy and to compete successfully on an international scale with dominant American and British law firms; and (iii) provide domestically an affordable, graduate-level legal education top Chinese students traditionally have only been able to obtain abroad at great expense. As one of STL’s students recently exclaimed, “Studying at STL is like studying abroad in China!”
The PRC State Council authorized Peking University’s creation of China’s first common law Juris Doctor curriculum in 2007. The following year, STL admitted the first students into its combined J.D./J.M. curriculum. The University appointed Jeffrey Lehman, a former president of Cornell University and dean of the University of Michigan Law School, as STL’s Founding Dean. Lehman left STL in 2013 when he was appointed Founding Vice Chancellor of New York University’s new Shanghai campus. His successor is Philip McConnaughay, the Founding Dean of Penn State University’s Schools of Law and International Affairs, a former professor of law at the University of Illinois, and a former partner of the leading international law firm, Morrison & Foerster.
STL’s students are among the best and brightest in China. In order to be eligible for admission to STL, PRC students must either earn exemption from China’s national graduate school entrance exam by virtue of being one of the top-few graduates of one of China’s top-tier universities, or meet or exceed STL’s cut score on the national graduate school entrance exam, which is a slightly lower cut score than PKU University-Beijing because STL also requires in-person English-language interviews of applicants and administers a special STL-LSAT exam, which STL has found to be highly predictive of law school success. However, in order to take advantage of STL’s slightly lower cut score, you must designate STL as your first choice law school.
In addition, STL welcomes applications from foreign students and students from Hong Kong, Taiwan, and Macau.
Although STL is still young, with only five graduating classes to date, it already has captured the attention of the world’s leading law firms, companies, government offices, and universities. Post-graduate placement of STL graduates is nearly 100 percent. STL alumni work with leading law firms such as Fangda Partners, King & Wood Mallesons, Junhe, Kirkland & Ellis, Shearman & Sterling, Paul Weiss, Simpson Thatcher, Cleary Gottlieb Steen & Hamilton, DLA Piper, Morrison & Foerster ; leading companies such as Ping An, Huawei Technologies, Tencent, Baidu, Walmart China, General Electric; and leading government offices and nonprofit organizations such as the Qianhai Equity Exchange, the Supreme People’s Court, the South China International Economic and Trade Arbitration Commission, the United Nations Refugee Agency, and CIETAC. STL graduates pursuing academic careers have been accepted into advanced degree programs at such elite universities as Harvard, Yale, Science Po, College of Europe, and others. Click here for a full placement report that includes salary, job type, and employer location information.
These employers and universities recognize that the true value of STL’s J.D. and J.M. degrees includes far more than simply educating students about the content of different areas of Chinese and American law. Their true value lies in imparting the skills that make for great lawyers, jurists and leaders of any nationality: rigorous analytical thinking, the ability to see all sides of an issue, the ability to solve complex problems creatively, and the ability to persuade. STL students acquire these skills because of STL’s unique method of instruction through serious, reflective study of actual cases accompanied by intensely interactive class sessions in which professors question and challenge students. The benefit of this method quickly becomes apparent to STL students:
“The study of … law is something new and unfamiliar to me, unlike any schooling I’ve ever been through before. The professors use the Socratic method here; they call on you, ask you a question, and you answer it. At first, I thought it was inefficient – why didn’t they just give a lecture? But I soon learned that it was not a matter of efficiency, but a way to educate yourself. Through professors’ questions you learn to teach yourself. And through this method of question and answer, (question and answer), they seek to develop in you the ability to analyze. … The professors train the mind.”
“The most attractive part of STL for me is [the] teaching method, which is concentrated on motivated thinking instead of force-feeding information. … Professors will not say yes or no to any answer; they ask students to think in wider and deeper ways.”
“[T]he Socratic Method … left me with the deepest impression. I got a better understanding of the differences between STL and traditional Chinese law schools – initiative [and] critical thinking are greatly emphasized at STL. Although it is true that the four years of learning at STL are challenging and demanding, [I have learned] that studying law can be interesting and thrilling.”
STL’s four-year, dual degree J.D./J.M. curriculum offers a first-year curriculum of core American J.D. courses, supplemented by a Transnational Law survey course that introduces students to each of the world’s principal regulatory and dispute resolution jurisdictions. Students also enroll in a writing course specially designed with the help of linguistics scholars to aid non-native English speakers in the study of American law.
The second-year curriculum is weighted in favor of Chinese law Juris Master courses. J.D. and comparative courses are included as well to help maintain students’ English proficiency.
STL’s third and fourth year curriculums increasingly blend Chinese and American law topics with perspectives from the European Union and elsewhere to create a truly transnational program of legal education.
Increasingly, STL’s curriculum also offers supervised real-world practice experience. Students in STL’s new Small Business Entrepreneurship Clinic, for example, will advise emerging Shenzhen businesses on the wide range of business, intellectual property, and other regulatory and personal issues that typically accompany the start-up of new businesses. Students in STL’s Public Interest Advocacy Clinic work remotely via audiovisual connection with experienced public interest lawyers in the United States on major American social change initiatives and litigation.
STL’s unique program of legal education and method of instruction are quickly becoming models for law schools throughout China and throughout the world. STL is becoming known as “China’s Most Innovative Law School in China’s Most Innovative City.”
The achievements of STL students are already gaining attention worldwide. In 2013, STL’s Jessup International Law Moot Court Team was the Chinese National Champion. STL’s 2014 and 2015 Vis International Arbitration Moot Teams were Chinese National Champions as well, winning all expense paid trips to the Vis International competition in Vienna, Austria. STL students established and now edit the Peking University Transnational Law Review, an English language journal with worldwide readership. In 2014, STL students established China’s first Public Interest Law Foundation, commonly known as “PILF.”
Upon graduation, STL students are prepared for the practice of Chinese, American, UK, and EU law, as well as for the new traditions and practices certain to emerge from the continued globalization of legal practices. STL graduates are bound for leadership, and their impact on China and the world is certain to be significant.
If you are ready to experience STL’s challenging and rewarding J.D./J.M. program in China’s most innovative city, we look forward to your application.
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Peking University Intellectual Property Association (PKU-IPA) invited Mr. Michael Lu, the Senior Legal Director of AAC Technologies Holdings Inc., to give a lecture on “How to Negotiate Business Contracts with Americans” on December 27, 2014.
During the lecture, based on an analysis of the differences of religion, social background, attitude towards professionals and contracts, Mr. Lu explained the commonly encountered issues arising out of cross-cultural negotiations between Chinese lawyers and their counterpart from the United States. Mr. Lu also talked about potential solutions for the problems mentioned by sharing his practical experience of decades both in China and the United States.
Mr. Lu pointed out that the counterpart of Chinese lawyers in the Sino-U.S. negotiation are counsels and professional managers as mercenaries trained for negotiating. For furthering interests of clients, Chinese attorneys must have strong legal foundation on both legal systems, and master the art of negotiation. During the following Q&A session, Mr. Lu responded questions with regard to future trend, students’ observation at STL, and personal career path.
On December 22 2014, Professor Li Ji, associate professor at Rutgers School of Law, delivered a talk on Chinese investment in the US and its implications. He received his Ph.D. in political science from Northwestern University and his J.D. from Yale Law School.
During his lecture, using a survey of Chinese companies investing in the US, professor Li analyzed the adaptation of Chinese investors. He explained his finding that Chinese companies are highly adaptive, so their investments will have limited impact on extant US institutions in the near future. The classroom C303 was filled up with STL students as well as some of the faculty. The lecture ended with a heated questions and answers period.
Peking University School of Transnational Law(STL)’s assistant director and clinical professor, Zhang Lining, attended the annual conference of Committee of Chinese Clinical Legal Education (CCCLE) this weekend at December 20 and 21, 2014. CCCLE is the nationwide network of clinics and clinicians in China, established in 2000 under the auspice of Ford Foundation, and the only hub for clinical education exchange in China.
The annual conference was organized by Chinese University of Politics and Law in Beijing. It was the first time STL has taken part in the activity of CCCLE, and the beginning of STL’s membership in CCCLE. Professor Zhang met with clinicians from all over the country, and Michael Wishnie, the renowned clinical professor from Yale Law School, and Jennifer Lyman from Howard Law School. The discussions centered around clinical education in the US and China, including such topics as teaching ethics to clinical students, the principles and goals of clinics, and methodology for clinical teaching.
By Eric H. Mao, Director of Academic Affairs
Continuing a two-year reign of dominance for Peking University School of Transnational Law (STL) teams, STL’s WTO Law Moot Court squad won the national championship of the Third Annual China WTO Moot Court Competition in Beijing from December 12-14.
The team, composed of two students drawn from each of STL’s three upper-level classes, exemplified superb oral advocacy and analytical ability. Team members were: Xie Longping ’15, Yu Sanya ’15, Zhao Yuhui ’16, Zhou Zixi ’16, Li Jiaxing ’17, and Zhang Yan ’17. The team was also led by their coach, C.V. Starr Lecturer of Law Chen Song.
Eighteen teams attended the competition, each participating in two preliminary rounds. After advancing as one of the top four teams, the WTO team faced and then defeated Wuhan University in the semi-finals where they argued on behalf of the moot problem’s complainant. In the final round, the team switched sides, arguing on behalf of the respondent and then beating Xiamen University. Complainant oralists were Xie and Zhou while respondent oralists were Yu and Zhao. Both Yu and Zhao earned Best Oralist awards. Prof. Song was also recognized as Best Coach.
Xie remarked, “It was really an exciting experience to participate in the competition. In the past months, the whole team worked together closely and diligently. We also gained strength from the legal writing and oral advocacy skills learned through our STL classes. Gratitude to our professors who helped make the impossible possible for us.”
Zhou added, “What a fantastic opportunity this was. There were very competitive participants from all over the country. It was our hard work and teamwork that brought us to the final, and more importantly, the study at STL that well-prepared us for all the challenges on the way to championship.”
The competition, conducted entirely in English, was hosted by the China University of Political Science and Law and co-sponsored by the Department of Treaty and Law at the Ministry of Commerce. The moot problem is the same as that used by the ELSA Moot Court Competition on WTO Law in which the team will also compete starting in February at the Asia-Pacific Regional Round in Manila.
Going back to Spring 2013, STL moot court teams have won four national championships including a victory at the Jessup International Law Moot Court and two CIETAC Cups.