Expert Commentaries Posted on the China Guiding Cases Project

Stanford’s China Guiding Cases Project has recently posted two expert commentaries on the first batch of guiding cases released by the Supreme People’s Court. Both commentaries are available in English and Chinese.

Prof. Wang Chenguang of Tsinghua University School of Law comments on the differences between Chinese Guiding Cases and stare decisis in common law countries. Prof. Wang’s commentary also addresses some of the still unresolved issues of how courts will apply the Guiding Cases in practice.
https://cgc.law.stanford.edu/expert-commentary/2-professor-wang/

Chief Judge Jiang Heping of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province discusses the second Guiding Case, Wu Mei v. Meishan Xicheng Paper Co., Ltd. of Sichuan Province involving the role of settlements in the Chinese legal system. The case clarifies the distinctions among settlement, mediation, and adjudication in Chinese courts. Chief Judge Jiang’s court has been designated a “Court for National ADR Initiative” by the Supreme People’s Court.
https://cgc.law.stanford.edu/expert-commentary/1-judge-jiang/

The CGCP team is busy working on China law summaries on specific areas of law. Look for these to be posted soon on the Web site. The first law summaries will probably cover contract law, criminal law, environmental law, and alternative dispute resolution.

China Guiding Cases Project
https://cgc.law.stanford.edu/

Stanford’s China Guiding Cases Project

On December 20, 2011, the Supreme People’s Court of the People’s Republic of China released its first batch of guiding cases (指导性案例).  This happened slightly more than a year after the Court issued the Provisions of the Supreme People’s Court Concerning Work on Guiding Cases (最高人民法院关于案例指导工作的规定) in November 2010.

The first batch of guiding cases consists of two civil cases and two criminal cases.  The China Guiding Cases Project (CGCP), an initiative of Stanford Law School founded by Dr. Mei Gechlik in early 2011 and advised by leading experts including justices from the U.S. Supreme Court and China’s Supreme People’s Court, is pleased to release its translation of 王志才故意杀人案 (WANG Zhicai, an intentional homicide case) (Guiding Case No. 4) (attached).

About the CGCP

The CGCP aims to advance knowledge and understanding of Chinese law and to enable judges and legal experts both inside and outside of China to contribute to the evolution of Chinese case law through ongoing dialogue on the guiding cases. The CGCP intends to make these cases quickly and easily accessible to English-speaking audiences outside China on its searchable website http://cgc.law.stanford.edu.  Visitors to the website will be able to post their thoughts about the cases and commentaries in Chinese and English, while “Question and Answer” sessions will permit readers and commentators to have more in-depth dialogues, again in Chinese and English.

To mark this historical moment in the development of the Chinese legal system, the CGCP will take the following steps this month:

Launch the CGCP website (http://cgc.law.stanford.edu) on Monday, January 9, 2012.  Translations of the other three guiding cases will be available then.  In addition, Judge JIANG (Michael) Heping, Chief Judge of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province, has contributed to the CGCP a commentary on Guiding Case No. 2.  Judge JIANG’s court has been identified as a Court for National ADR Initiatives by the Supreme People’s Court.  The Chinese and English versions of Judge JIANG’s commentary will also be posted on the CGCP website.
Hold a public event on Wednesday, January 18, 2012, 12:45 – 2 p.m., at Stanford Law School.  Dean Larry Kramer will commemorate the official launch of the CGCP and the public release of our official products.

To keep abreast of CGCP announcements and updates, please subscribe to the China Guiding Cases Project mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  Just enter your email address in the space provided and then click “Subscribe”.

The CGCP Team
Stanford Law School

Release of Initial Guiding Cases from the Supreme People’s Court of China

The Supreme People’s Court (SPC) of  China has released its first four guiding cases : two contract law and two criminal law cases.

上海中原物业顾问有限公司诉陶德华居间
Shanghai Zhongyuan Property Consultants Ltd. v. De-Hua Tao
This is a contract law opinion.

吴梅诉四川省眉山西城纸业有限公司买卖
Wu Mei v. West Side Paper Co., Ltd. Sichuan Meishan
Also a contract law case.

潘玉梅
Panyu Mei, Ning Bribery Case

王志才故意杀人案
Wang Intentional Murder Case

The SPC statement explaining the concept of guiding cases and links to the four cases in Chinese is available at :
http://www.chinacourt.org/html/article/201112/21/472164.shtml

The court announcement and additional information in Chinese can be found at:
http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201112/t20111220_168538.htm
http://www.court.gov.cn/xwzx/jdjd/sdjd/201112/t20111220_168539.htm.

Stay tuned to Legal Research Plus for news about English translations and commentary on the initial batch of SPC Guiding Cases.

 

Cautionary tale about legal translation

The latest issue of the Hong Kong Law Journal includes some interesting comments from Justice Susan Kwan of the High Court of Hong Kong on legal translation and the development of the common law in the Chinese language in the Hong Kong Special Administrative Region.

Justice Kwan writes:

It can be said that the Chinese version of the Laws of Hong Kong is quite unreadable. … Each time I look up the Chinese version of a legislation, I would invariably read its English version as well to help me understand the meaning of the Chinese version and to reduce the chance of making mistakes. One can imagine the difficulty faced by those who can only read the Chinese version of the Laws of Hong Kong.

Statute law is just part of the laws in Hong Kong. The majority of the cases that constitute the common law are only written in English. In this important domain, those who have no legal knowledge or are not conversant in English would find their hands tied.

The Dilemma of Conducting Civil Litigation in Chinese – Conversant Either in Chinese or the Law But Not in Both.
Susan Kwan
41 Hong Kong Law Journal 325-326 (2011)

Legal Interpreting and Translating: A Research Guide

Legal Interpreting and Translating: A Research Guide

Don Ford

FCIL Librarian, University of Iowa

Although the guide is specific to the Iowa Library System, the guide offers a nice bibliography of legal translation titles and a list of glossaries and dictionaries in 20 languages from Europe, Asia ,and Africa. Particularly useful are the links to online legal glosssaries from state courts covering the following languages: Arabic, Armenian, Cantonese, Chinese, German, Hindi, Hmong, Korean, Laotian, Punjabi,Romanian, Russian, Spanish, Urdu and Vietnamese.

http://www.law.uiowa.edu/documents/pathfinders/court_interpreter.pdf

Study on Gender Discrimination in China’s Workplace

China Woman Newspaper published details and the recommendations of a study on gender employment discrimination in China.  The Study was produced by Peking University’s Center for Women’s Law and Legal Services. Hat tip to Patti Waldmeir for mentioning the study in her article in today’s Financial Times http://www.ft.com/cms/s/0/5d08330a-5f8c-11de-93d1-00144feabdc0.html

Title of the study in Chinese: 中国职场性别歧视状况研究报告

Peking University Center for Women’s Law and Legal Services http://www.woman-legalaid.org.cn/index.php

China Woman Newspaper Story on the study (Chinese only)

http://www.china-woman.com/rp/rp/snews/main?fid=open&fun=show_news&from=view&nid=45932

Annotated Bibliography of Self-Study Materials on Mandarin Chinese

For anyone interested in studying Chinese on his/her own, Duncan E. Alford, Associate Dean and Director of the Law Library at the University of South Carolina School of Law has an exhaustive annotated bibliography of self-study materials on Mandarin Chinese in the Winter 2007 International Journal of Legal Information, 35(3), pages 537-563.