Chinese Law Prof Blog

Call for papers: The role of law in the EU and China

I have received the following announcement:

CALL FOR PAPERS

The role of law in the EU and China

The establishment of the China-EU School of Law (CESL) was approved in the autumn of this year. Based in Beijing at the China University of Political Science and Law and supported by a large consortium consisting of 16 European universities under the leadership of the University of Hamburg the CESL will become a center for excellence in legal education, professional training, research and consultancy.

The CESL invites abstracts of paper proposals of approximately 1,500 words, along with abrief CV, for a workshop to be held over the course of two full days on January 10 and 11, 2009 in Beijing, PR China, in order to discuss the development of future research to beconducted at the CESL.

The CESL therefore calls for papers from scholars who can contribute with original research from either the European or Chinese perspective.

Contributions should cover one or more of the following aspects of the role of law in the EU and China:

o Legal and administrative transformation in China

o China and Europe in a globalizing world

o Legal theory, law and culture, and other general aspects of law

The deadline for submissions is November 30, 2008. Participants will be informed of their acceptance by December 15, 2008. Participants will be expected to provide complete copies of their papers, which should be approximately 10,000 words, in electronic form by January 6, 2008. Preferred format is MS Word.

Please submit proposals as an email attachment to Daniela Janicke, European Manager at the CESL (daniela.janicke@jura.uni-hamburg.de).

See the CESL website for further details: www.cesl.edu.cn

Internews seeks resident journalism advisor on legal reporting

I have received the following announcement:

http://www.internews.org/about/employment/overseas/job_0200o.shtm
Employment
Resident Journalism Advisor on Legal Reporting, China
Location:  Beijing, China
Background:
Internews® Network is an international media development organization based in Arcata, CA and Washington, DC whose mission is to empower people worldwide with the news and information they need, the ability to connect, and the means to make their voices heard.

General Function:
The Resident Advisor (RA) provides training, professional advice, and guidance for Journalism Reporting trainings in China with a special focus on Rule of Law, Civil Society, Environment and Cultural heritage protection, Public Health and Digital media issues. The RA also contributes to creating original content on above mentioned media issues to be used in resource centers, online material, curricula.

ESSENTIAL DUTIES AND RESPONSIBILITIES:
Closely monitors the Chinese Media on a regular basis to provide accurate, relevant reports and guidance to Country Director and Beijing staff
Identifies relevant specific topics to prioritize and contributes to the writing of and commission of writing of training material for trainings, online resources
Coordinates content of training activities and the content work of other staff and external trainers in Beijing and other cities
Coordinates and edits resource material including online curriculum, online reference material, journalism textbooks in above mentioned areas
Regularly networks with relevant media and other professionals and leaders to identify and suggests best partners, speakers, participants, contributors across China
Is actively present during training sessions across the country, including on week-end time, and delivers specific training in Chinese or in English
Facilitates demands by Chinese partners to establish partnerships with foreign media, academic, non-profit institutions in the above mentioned areas including reaching out to institutions, providing guidance for libraries, exchange programs, visiting scholar programs, grant opportunities
Prepares and assembles materials for monthly and quarterly reports, in compliance with donor guidelines.
Assists Country Director with management responsibilities on as as-needed basis
QUALIFICATIONS:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential task.

Fluency in Mandarin Chinese is required, both spoken and written
Extensive journalism experience with a proven track record and interest in on-line media
Experience living and working in China
Ability to handle multi-faceted programs with staff and partner organizations
Experience with international donor organizations and a high level of comfort working and interacting with universities and media outlets
Ability to adjust to shifting political circumstances and create programming and plans accordingly.
Sensitivity to cross-cultural dynamics in the work place.
Relevant university degree
Program Management experience strongly preferred
TO APPLY
Interested candidates meeting the qualifications should forward a cover letter and resume to 876-in(at) internews (dot) org (re-write in standard format), placing "RJA - China – in" in the subject line. EOE M/F/D/V

International Center for Communication Development seeks legal expert

I have received the following job announcement. Much of it is in Chinese and not translated, so be aware. I have not included the material regarding the media expert.

The International Center for Communication Development (ICCD) is now
hiring for

-one Media Expert
-one Legal Expert

Please find the detailed job descriptions below, and we'll appreciate
if you would like to forward them to other friends who may have
interest.

ICCD 国际传播促进中心简介

The International Center for Communication Development (ICCD) is an
organization initiated in Hong Kong and present in mainland China
since late 2004, with registered offices in Beijing and Xi’an, and
upcoming offices in Guangzhou, Shanghai and Jilin.

In China ICCD represents the mission and activities of Internews, an
international organization established over 25 years ago, and focusing
on training media professionals around the world. Today Internews
employs more than 800 staff in offices in over 40 countries. For more
please visit
www.internews.org .   http://mlrc.cuc.edu.cn

Our activities include:
-training in China and outside if China for Chinese journalists,
students, academics, experts
-developing digital tools to cover and understand environmental,
legal, public health, civil society, and cultural heritage protection
issues globally
-facilitating exchanges and fellowships
-supporting environmental, legal, public health, civil society, and
cultural heritage protection content production for all media

国际传播促进中心（International Center for Communication Development，简称ICCD）是一家在
香港成立的机构，2004年底开始在中国大陆工作。目前，北京、西安两地已设立正式注册的办公室，广州、上海、吉林办公室也即将启用。

在中国，国际传播促进中心主要代表Internews国际记者培训机构开展各种项目。Internews国际记者培训机构在全球成立已有25年时间，长
期致力于培训世界各地的媒体从业人员，提高报道的专业性。它在40多个国家设有办公室，员工总数超过800人。
欲知详情，请访问:
www.internews.org .   http://mlrc.cuc.edu.cn

我们的工作内容包括
-在中国国内、国外培训记者、学生、研究人员和专家。
-利用数字技术报道、理解全球环境、法律、公共卫生、公民社会、文化保护等问题。
-推动交换项目和奖学金计划的实施
-为各类媒体提供环境、法律、公共卫生、公民社会、文化保护等报道的素材

------------------------------------
ICCD 国际传播促进中心
招聘：法律专家 Legal Expert
--------------------------------------------------------------------

年龄：35-50岁  （条件特别突出者，年龄要求可放宽）
性别：不限
教育背景：要求与法律相关。同时具备媒体专业教育背景者优先。
工作经历：
1、主要与法律相关。但同时必须具备与传媒相关的经历。（传媒相关经历，时间长短不限）
2、熟悉法律实践和理论领域，并且有比较充足的社会资源积累。
3、有在国际机构工作,或者在国外学习、工作经历者优先。
工作性质：兼职。（工作时间相对灵活，有时要求出差。工作地点以北京为主）
语言要求：具备一定的英语交流能力。会多门外语者优先。
工作内容：
研究和积累：
1、 关注并搜集媒体与法律领域的典型话题、案例，重点包括新媒体、法治、诽谤、信息公开、媒体伦理、环境与公民社会方面的立法等，并为每次培训、沙龙
的主题提供建议。
2、 和各方面的专家、记者保持良好的沟通、联系，了解他们的想法和建议。
3、 积累社会资源，充实和更新已有的专家、记者等各类联系人数据库，并为每次培训、沙龙选择、联系最合适的发言专家和参会记者。

组织培训活动：
4、 寻找高校、媒体、研究机构等作为合作伙伴，负责合作协议的签订和合作内容的落实，共同开展法治项目下的研讨会，培训，沙龙等活动。
5、 撰写案例的法律分析和点评，准备高质量的培训材料供参加者学习。
6、 担任主讲人或者主持人，运用幻灯片、视频、音频等多媒体手段和互动游戏等方法开展培训，实现最好的培训效果。
7、 制定详细、可行的培训筹备计划，实施并监督整个筹备过程，及时向中国区主任汇报
8、 培训结束后应对发言人、参加者和活动整体情况进行评估，及时向中国区主任汇报。

其它工作内容：
10. 与ICCD的所有同事合作，全力支持、保证各种活动的顺利开展。
11. 与ICCD的所有同事合作，为各个项目的制定短期和长期的发展计划。
12. 对ICCD的各个网站和在线资料中心，从法律方面进行指导，提供必要协助。
13. 负责ICCD的必要法律事务，包括合同、注册等，规避可能出现的任何法律风险。
14. 就ICCD的对外合作项目和合作伙伴，提供必要的法律指导和支持。
15. 有助于ICCD工作发展其它必须事务。
16. 尊重他人所享有的知识产权和其它合法权利。
17. 对机构内部工作承担保密义务。

ICCD 国际传播促进中心简介

The International Center for Communication Development (ICCD) is an
organization initiated in Hong Kong and present in mainland China
since late 2004, with registered offices in Beijing and Xi’an, and
upcoming offices in Guangzhou, Shanghai and Jilin.

In China ICCD represents the mission and activities of Internews, an
international organization established over 25 years ago, and focusing
on training media professionals around the world. Today Internews
employs more than 800 staff in offices in over 40 countries. For more
please visit
www.internews.org .   http://mlrc.cuc.edu.cn

Our activities include:
-training in China and outside if China for Chinese journalists,
students, academics, experts
-developing digital tools to cover and understand environmental,
legal, public health, civil society, and cultural heritage protection
issues globally
-facilitating exchanges and fellowships
-supporting environmental, legal, public health, civil society, and
cultural heritage protection content production for all media

国际传播促进中心（International Center for Communication Development，简称ICCD）是一家在
香港成立的机构，2004年底开始在中国大陆工作。目前，北京、西安两地已设立正式注册的办公室，广州、上海、吉林办公室也即将启用。

在中国，国际传播促进中心主要代表Internews国际记者培训机构开展各种项目。Internews国际记者培训机构在全球成立已有25年时间，长
期致力于培训世界各地的媒体从业人员，提高报道的专业性。它在40多个国家设有办公室，员工总数超过800人。
欲知详情，请访问:
www.internews.org .   http://mlrc.cuc.edu.cn

我们的工作内容包括
-在中国国内、国外培训记者、学生、研究人员和专家。
-利用数字技术报道、理解全球环境、法律、公共卫生、公民社会、文化保护等问题。
-推动交换项目和奖学金计划的实施
-为各类媒体提供环境、法律、公共卫生、公民社会、文化保护等报道的素材

Lund University research fellowship

I have received the following announcement:

Research Fellowship

The Centre for East and South-East Asian Studies at Lund University hereby invites applications for one Research Fellowship commencing 1 February, 2009 and ending on 31 January, 2013.

In this call for applications, the position will be awarded for research focusing on contemporary China or contemporary Japan, in the fields of the social sciences, economics or law.

This call for applications is open to qualified candidates worldwide.

Candidates must have already received their doctoral grade. Only candidates who have received their doctoral grade within the last five years, prior to the date of commencement of the research fellowship, will be considered. In other words, applications from candidates who were awarded their doctoral grade prior to 1 February 2004 will not be considered.

The deadline for applications is 28 November 2008.

More information can be found here: http://www.ace.lu.se/research/research-fellowship

Foreign scrap metal trader reported kidnapped and held for ransom by Ningbo SOE

Here's a rather shocking story of a scrap metal trader going to Ningbo to discuss a business dispute and ending up kidnapped by the other party, an SOE trading company. It's reported here at the Shanghai Scrap blog. Things like this don't happen every day, but unfortunately neither are they unheard of. A reportedly similar recent case involved what Forbes called the kidnapping of David Ji, a Chinese-American entrepreneur; check out the video report here (New York Times story here).

I should add that I don't have personal knowledge of the facts behind these stories, and am just supplying links to the reports of others. Readers should use their own judgment.

Caijing commentary on liability for mass torts

Here's an interesting English-language commentary on mass tort liability issues from Caijing, prompted by the tainted milk scandal.

Lecture at HK Univ.: "What Does Law Look Like in the Taiwanese Street?"

The following announcement just appeared in my e-mail inbox. Sounds interesting.

The University of Hong Kong Department of Sociology presents a lecture.

TITLE: What Does Law Look Like in the Taiwanese Street? And What Does this Mean About Taiwanese Democracy?

ABSTRACT: In this lecture, I use data from my ongoing ethnographic studies of policing to explore some of the ways legal authority becomes figured in to the everyday routines of community order-management and social reproduction in contemporary Taiwan. I contextualize these findings by reference to various literatures that have addressed the multiple and diverse ways that law and legal institutions have been caught up in Taiwan's democratic reforms and political liberalization. My overall purpose is to clarify the specific and unique contribution that an anthropology of policing can make to our understanding of the cultural mechanisms shaping the historical development of Taiwanese society.

ABOUT THE SPEAKER: Dr. Jeffrey Martin is an anthropologist specializing in the study of modern policing. He has a PHD from the University of Chicago, and has taught at Taiwan's Central Police University, and the Graduate Institute of Taiwan Studies at Chang Jung Christian University in Tainan. He will begin an appointment in HKU's Department of Sociology next year.

ALL ARE WELCOME

4:00-5:00 p.m.
Thursday, November 6, 2008
Rm 1118, K.K. Leung Building
The University of Hong Kong
http://www.hku.hk/sociodep/PosterWhatdoeslawlooklike.DOC

Inquiries may be addressed to Professor Martin at jt.martin@gmail.com, or to the HKU Sociology Department at socidept@hkucc.hku.hk

Administrative lawsuit against MOE's degree-certifying body

China's Ministry of Education has long had the reputation of being one of China's most conservative and obstructionist bureaucracies. For the last 17 years, the Ministry of Education Foreign Study Service Center (教育部留学服务中心) has certified foreign degrees (it was officially licensed to do so by the State Council and the MOE in 2000). Government departments will not recognize a foreign degree not certified by this body. (I'm not sure what the practice of private-sector employers is.) But the Center doesn't seem to operate very efficiently, and eventually one frustrated applicant trying to get his German law degree certified got fed up and brought an administrative lawsuit on the grounds of administrative inaction (行政不作为). The lawsuit was brought in the Haidian Basic-Level People's Court in Beijing on Sept. 19, 2008; the first hearing is scheduled for Oct. 29. (Caijing report here.)

What's interesting is the Center's defense. Although it enjoys a monopoly in the degree-certification business that is backed up by the refusal of government agencies to recognize foreign degrees it hasn't certified, and was set up by the MOE, it has argued that it is not the proper subject of an administrative lawsuit because it has no legally authorized power and does not exercise powers delegated by the MOE.

Given the Center's monopoly status, this defense sounds a little ridiculous at first. But unfortunately it may not be quite as absurd as it initially seems. Government agencies might in many circumstances rely on the judgments of unambiguously private-sector organizations (which of course the Center is not) in their operations, but that doesn't necessarily mean that private-sector organizations should be subject to the same laws and standards as government agencies. If the Center is an incompetent evaluator of foreign law degrees, shouldn't we blame the people who credit its evaluations as least as much as the Center itself?

But if we can sue government agencies for crediting unreliable evaluations from a private-sector organization, this seems to open the door to suing government agencies for just about anything in their operating procedures to which we object. In very few (if any) countries would courts be willing and able to take on the task of passing judgment on the reasonableness of every aspect of governmental operations, and certainly we can't expect it to happen in China. Thus it may be that in this context, it makes sense to allow government use of a private-sector process to confer a governmental nature to that process, such that it becomes subject to administrative litigation. It's a complicated and interesting question.