This newsletter covers:
- Six Belt & Road Guiding Cases and AmCham Talk
- The CGCP’s Global Impact
- China Law Connect (Issue 4): Judicial Mediation, Regulating AI, and AI and Courts
- A Grant from the William and Flora Hewlett Foundation & How to Purchase China Law Connect Online to Sustain the CGCP
- “Call for Submissions”, Submission Guidelines, Leveraging the CGCP’s Expertise
Six Belt & Road Guiding Cases and AmCham Talk | 六个“一带一路”指导性案例与中美商会座谈
On February 25, 2019, the Supreme People’s Court (the “SPC”) of China released six new Guiding Cases (“GCs”), bringing the total number of China’s de facto binding precedents to 112. More importantly, this marked the release of the first set of GCs that are related to the development of China’s Belt and Road Initiative (the “BRI”), demonstrating the SPC’s efforts in promoting China’s global investment plan by clarifying related legal ambiguities through GCs.
The China Guiding Cases Project (the “CGCP”) welcomes this step taken by the SPC. In fact, in June 2017, during a seminar titled “Guiding Cases and China’s Belt and Road Initiative” organized by the American Chamber of Commerce in China(AmCham), Dr. Mei Gechlik, Founder and Director of the CGCP, explained the important role of GCs in the development of the BRI. She also urged Judge GUO Feng of the SPC, who was another speaker that day and who oversees the selection of GCs, to consider releasing BRI-related GCs (see https://www.linkedin.com/pulse/amcham-talk-visit-tongzhou-court-food-chinese-medicine-mei-gechlik). In light of this suggestion made in 2017, it is encouraging to see the SPC take this step now.
Given the importance of these BRI-related GCs, in this issue of China Law Connect (“CLC”), the CGCP has published its high-quality bilingual version of Guiding Case No. 107 (“GC107”; Sinochem International (Overseas) Pte. Ltd. v. ThyssenKrupp Metallurgical Products GmbH, A Dispute over a Contract for the International Sale and Purchase of Goods), together with explanatory endnotes and a section titled “CGCP Notes” that provides pertinent observations and translations of relevant legal provisions to deepen readers’ understanding of the GC. Similar bilingual versions of the other five BRI-related GCs will be published in the remaining 2019 issues of CLC.
A unique contribution made by the CGCP is the project’s comparison of GC107 with the final judgment which GC107 summarizes (see image above; yellow highlights). The comparison reveals how the SPC, through the preparation of GC107, improved the reasoning of the original judgment and then laid out in the “Main Points of the Adjudication” section of GC107 clearer principles that judges handling similar subsequent cases are expected to follow. The following paragraph shows part of the “Main Points of the Adjudication” section of GC107:
2. In a contract for the international sale and purchase of goods, if the goods delivered by the seller have flaws, [the situation] should not be regarded as a situation constituting a fundamental breach of the contract as provided for in the United Nations Convention on Contracts for the International Sale of Goods, so long as the buyer can, through reasonable efforts, use the goods or resell the goods. (emphasis added) | 在国际货物买卖合同中，卖方交付的货物虽然存在缺陷，但只要买方经过合理努力就能使用货物或转售货物，不应视为构成《联合国国际货物销售合同公约》规定的根本违约的情形。（强调后加）
Words in bold differ from those in the original, final judgment. For more discussion of the differences and the resulting implications for legal practice, see GC107.
The CGCP’s Global Impact | CGCP的全球影响
The CGCP launched CLC in June 2018 to, among other goals, help deepen the world’s understanding of China and Chinese law. The table shows that since the journal was launched, the total number of our users has increased by 31.2%, with the most impressive increase taking place in Africa (56.5%) and Oceania (55.9%). To date, our impact has been primarily concentrated in the Americas and Asia.
China Law Connect (Issue 4): Judicial Mediation, Regulating AI, and AI and Courts | 《中国法律连接》（第4期）：司法调解、监管人工智能、人工智能与法院
To continue expanding our influence around the world, this issue of CLC presents a wider range of topics covering contributors’ analyses of timely issues and/or their experiences related to China:
- The Use of Cases in Judicial Mediation — Based on an Analysis of a Series of Intellectual Property Disputes by PIAO Yanhong (Associate Research Fellow, School of Law, Sun Yat-Sen University) and Judge JIANG Heping (Chief Judge of the Case Registration Division, The No. 2 People’s Court of Dongguan Municipality, Guangdong Province). Based on the practice of using courts’ cases in the mediation of intellectual property disputes, Dr. Piao and Judge Jiang explain why cases can play an important role in judicial mediation in China. | 案例在司法调解中的运用—基于知识产权系列案件的分析。作者是朴艳红博士（中国中山大学法学院副研究员）、江和平法官（中国广东省东莞市第二人民法院立案庭庭长）。朴博士、江法官以知识产权案件调解中运用案例的实务为基础，分析案例能在中国司法调解中发挥作用的原因。
- Regulating Artificial Intelligence by Eli-Shaoul Khedouri (CEO of Intuition Machines). A leading expert in artificial intelligence, Mr. Khedouri discusses the interplay of individual values, social good, and innovation in the context of a transformative shift in our ability to engage with the world, and the challenges posed to state actors attempting to regulate these developments. | 人工智能的监管。作者是Eli-Shaoul Khedouri（Intuition Machines首席执行官）。 Khedouri先生是人工智能领域公认的领导者。他讨论了在我们与世界互动的能力发生变革的背景下，个人价值观、社会公益和创新的相互影响，以及试图监管这些发展的国家行为者所面临的挑战。
- A CGCP Interview featuring Professor Jeffrey S. Lubbers (Professor of the Practice of Administrative Law, Washington College of Law, American University). The video can be accessed by visiting CGCP ClassroomTM. Professor Lubbers has had interesting experiences related to China and shared thoughtful comments. In particular, he observed: | CGCP 专访：杰弗瑞×拉博斯教授（美国大学华盛顿法学院行政法实践教授）。拉博斯教授有很多与中国有关的有趣经历并分享了令人深思的评论。他特别提到以下观察：
I have been struck by how similar the [Chinese] courts’ analyses in some cases (e.g., Guiding Case Nos. 21 and 40) are to those that would be performed by American courts with similar issues. |在一些案例中（例如指导案例21号和40号），中国法院的分析与美国法院在类似问题上所进行的分析很相似，这让我很惊讶。
While the CGCP helps deepen the world’s understanding of China and Chinese law, it is also committed to training future professional leaders, as reflected in two pieces contributed by several CGCP members:
- Guiding Case No. 40: Clarifying the Standards for Determining Work-Related Injuries and Its Significance by Jia Quan. Based on her impressive analysis of nine subsequent cases that used Guiding Case No. 40, Ms. Quan presents a clear picture showing how Chinese courts have benefitted from the effective guidance provided by this GC. (For a copy of the CGCP’s high-quality bilingual version of GC40, together with the project’s explanatory endnotes and “CGCP Notes” section, see here) | 指导案例40号：明确工伤认定标准及其重要性。作者是全嘉。通过对九起明确运用指导案例40号的后续案件的深入分析，全嘉清楚地展示了中国法院如何从本指导案例所提供的有效指引得益。（CGCP指导案例40号的优质双语版本，连同CGCP说明注释及“CGCP备注”，可见于此）
- Artificial Intelligence and Courts in China by Jodie Ma, Kexin Yang, and Yuan Emily Cao. These three CGCP members explain how speech recognition, image recognition, and knowledge graph technology have been applied in Chinese courts, and discuss the resulting positive changes in various areas, including litigation guidance, case registration, trials, and document processing. | 人工智能与中国法院。作者是马洋、杨可欣、曹原。这三位CGCP成员介绍了语音识别、图像识别和知识图谱技术在中国法院的具体应用，并讨论这些应用为导诉服务、立案、庭审和文书处理等工作所带来的积极变化。
Finally, the News and Events section covers Dr. Gechlik’s recent talk to law students from four Chinese law schools and comments from some students. DING Yi, a student from Peking University, shared the following:
The CGCP translates Guiding Cases [released by] the Supreme People’s Court of China into English, allowing judges, lawyers, and scholars in different countries to analyze and comment. This is also a form of supervision over our judicial transparency, and is of great significance to raising our judicial standards and capabilities. […] After listening to Dr. Gechlik’s lecture today, I think that this will be of certain “guidance” over my studies in the future as well. | CGCP将我国最高人民法院的指导性案例译成英文，供世界各国法官、律师和学者分析点评，这对于我们的司法公开也是一种监督，对于提高我国的司法能力水平具有重要意义。[…]今天听了熊博士的讲解，我想对于我日后的学习也有一定“指导”意义。
The March 2019 issue of CLC then ends with a piece of art titled “The Tidings of Spring” created by Mr. CHEN Xuncheng, a master of ceramic art. With additional patterns from Mr. Chen’s art to be featured in the other three 2019 issues of the journal, from now on our covers will look not only elegant but “seasonal”.
A Grant from the William and Flora Hewlett Foundation & How to Purchase China Law Connect Online to Sustain the CGCP | 威廉与弗洛拉·休利特基金会的资助及如何在线购买《中国法律连接》以支持CGCP
We hope you have been enjoying the insights and information shared by the CGCP through CLC and the project’s website.
Like many other non-profit projects, the CGCP, which was founded in February 2011, is facing the challenge of having a long-term, steady source of funds to sustain its efforts in addressing the newest and most important Chinese legal developments that matter to the world.
Thanks to a generous grant from the William and Flora Hewlett Foundation, the CGCP website has been upgraded to allow visitors to purchase digital copies of entire issues of CLC and/or select pieces from past issues for use in teaching, research, and/or legal practice. It is our sincere hope that we will be able to offer special rates to educators and students in the near future. For more information, please visit the main page of the journal: https://cgc.law.stanford.edu/china-law-connect.
Finally, please note that donors who donate $500 or more per year to the CGCP will receive complimentary copies of CLC for that year and priority seats for invitation only events. Please make your online donations here (https://cgc.law.stanford.edu/support-us/donate). Email us (email@example.com) your donation receipt along with your mailing address and email address. We will inform you by email when your first hard copy of CLC is mailed.
We appreciate your support!
“Call for Submissions”, Submission Guidelines, Leveraging the CGCP’s Expertise | “诚挚邀稿”、投稿指引、发挥CGCP专长
The CGCP is committed to continuing to publish an expanded range of in-depth traditional commentaries, China Cases InsightsTM, and Experts ConnectTM pieces that highlight the most up-to-date issues related to China and Chinese law. For more information about the topics for which we are currently accepting submissions, see our new Call for Experts ConnectTM Submissions at https://cgc.law.stanford.edu/event/clc-2019-call-for-submissions. For more information about how to submit, view the Submissions Guidelines at https://cgc.law.stanford.edu/clc-submission-guidelines.
In addition to the above, we also welcome inquiries from legal professionals and experts working on real-world cases that would benefit from references to GCs and related cases around which the CGCP has expertise. If you are currently working on a case that requires reference to Chinese court cases, contact us at firstname.lastname@example.org to discuss how the CGCP may be able to help strengthen your legal arguments.
Since it was founded in February 2011 to help China establish a more transparent and accountable judiciary, the CGCP has shared significant insights about the country’s Guiding Cases and related developments, including the Belt and Road Initiative. To continue receiving messages that highlight these insights, please subscribe to our mailing list here.
To join us and offer your editorial assistance, please apply to be part of the CGCP team by following the instructions here.
A significant source of our funding is individual donors. Please make a gift to us today and help us advance our mission. Thank you for your support!
The CGCP thanks our sponsors, including Alston & Bird LLP, Amer Asia Law, the Center for East Asian Studies of Stanford University, China Fund of the Freeman Spogli Institute for International Studies of Stanford University, the Fu Tak Iam Foundation Limited, Gridsum Holding Inc., the William and Flora Hewlett Foundation, Karisma Institute, the McManis Wigh China Foundation, and Tencent Research Institute for their kind and generous support.