European Law Newsletter. Issue 1

Author: Zhao Haifeng Lu Jianping
Publisher:
Publishing Date: 2001-03-01
Features: In early summer 2000, while I was in Beijing discussing the publication of a collection of papers on European and French law with Ms. Sun Zhiping of the Legal Publishing House, she proposed the possibility of editing a series of publications on European law. She mentioned that she had discussed this with Editor-in-Chief Jia Jingping of the publishing house, and whether the title of this series could be named European Law Newsletter (hereinafter referred to as Newsletter). This idea coincided perfectly with our long-standing vision. On one hand, while legal studies in China have focused more on (the Anglo-American legal systems), language barriers have made it difficult for us to understand the domestic laws of many European countries, especially those of civil law countries, which are closely aligned with the civil law system in terms of legal principles. On the other hand, we have not paid enough attention to the rapid development of European integration and its legal system, leading to many misunderstandings, such as misconceptions about the two supranational legal systems in Europe. On the other hand, with the continuous expansion of legal exchanges between China and Europe, particularly the successful implementation of projects such as the China-Europe Higher Education Cooperation Program, the China-Europe "European Law" Project, and the China-Europe judicial cooperation program, as well as the increase in bilateral legal exchanges between China and European countries, and the ongoing development of legal research on Europe in China, there is an urgent need for a platform to exchange academic achievements. After discussions with professors Lu Jianping, Yin Tian, Jin Banggui, and Dr. Zhang Ning, we happily decided to form an editorial board and begin editing the Newsletter. The purpose of the Newsletter is to become a publication that emphasizes both international perspectives and the dissemination of information, combining domestic and foreign contributions (including translations), with a significant portion of the content coming from abroad. It aims to provide continuous updates and reviews on the latest developments in European legal scholarship and new changes in legal practice to both the academic and practical communities in China, while strongly advocating for comparative law research. The content of the Newsletter mainly covers EU law, European human rights law, and the domestic laws of European countries. The former two are supranational and international law, while the latter is domestic law. However, in Europe, these three are already closely interconnected due to the process of European integration. The main sections of the Newsletter are as follows: [Papers and Special Contributions] Publish research results on European law, including comparative law. [Progress Column] Publish reviews and essays on the latest developments in the EU, the Council of Europe, and the legislation and judiciary of member states, striving to maintain continuity and systematic analysis in terms of time. [Case Analysis] Includes research, analysis, and annotations on significant cases involving the European Court of Justice, the European Court of Human Rights, and national courts. [Legal Chronicle] Includes brief updates and analyses on legislation, judiciary, and major cases. [Academic and Exchange Information] Reflects the progress of China-Europe exchanges and academic research projects, as well as updates on seminars. [Book Reviews, Bibliographies, and Article Indices] Book reviews will analyze and introduce important Chinese and foreign works on European law; bibliographies will regularly compile published book catalogs in the aforementioned three fields; article indices will mainly collect information on works published in newspapers and magazines on European law. The establishment of these common sections in this French academic journal is hoped to bring convenience to Chinese readers in their research and application. The content of the papers and special contributions section in this issue is mainly divided into two parts: European law and French law. The European law section includes Ren Xiaoxia's paper, "A Comparative Study of the Two European Legal Systems—A Brief Discussion on the Connections and Differences Between the Law of the Council of Europe and the Law of the European Union," which compares and elaborates on the institutional composition, legal sources, judicial systems, and relationships with member states of the Council of Europe and the European Union, analyzes their respective roles in protecting human rights in Europe, and provides a forward-looking discussion on the relationship between the two major legal systems. This paper aims to provide a comprehensive introduction to the fundamental aspects of the Council of Europe and the European Union, compare and analyze the major similarities and differences between the two legal systems, and give readers a high-level overview of the two parts related to European law in this journal's content. Ren Xiaohong, Shi Jiayou, and Zhang Lijuan's papers, respectively, investigate issues such as the democratic deficit in the EU's institutional law, anti-dumping law, and the protection of social rights by the European Court of Human Rights. These achievements mostly stem from their research on European law in France under the guidance of French professors in Paris, filled with fresh perspectives, comparative methods, and new academic insights. In the French law section, Zhang Li's discussion on the judicial nature of the French Constitutional Council is detailed and rigorous, hoping to clarify some misunderstandings in China on this issue. How can Chinese people become lawyers in France? How does the traditionally conservative France regulate its lawyers' professional ethics? Faced with the overwhelming tide of advertising by Anglo-American lawyers in the press, can the French lawyers, known for their rigor and discretion, begin to advertise? Several articles by practicing French lawyers provide answers to these questions through their research on law and cases. Closely related to the above content, the Newsletter also publishes several translations on the accelerated procedures of the French Commercial Court, competition law, and judicial reforms, as well as a few miscellaneous articles. Li Chen compares Chinese and French legislation from the perspective of protecting intellectual property rights and proposes suggestions for China's legislative approach. We welcome more comparative law essays. The Progress Column is one of the highlights of the Newsletter, aiming to closely follow the pulse of European academia and practice through comprehensive analytical articles. On the European law side, Mikhail Dalmas-Matthias's article, "European Judicial Regions, a Laboratory for Globalization," addresses the challenges of feasibility, rationality, and legality raised by world law and provides Europe's three lessons, delivering a brilliant exposition on the significance of European law for legal globalization. The French law content is very rich, describing the outline of recent legislative and judicial reforms in France through a series of articles. The French Criminal Code underwent a major reform in June of this year, and the article "A Review of the Major Reforms of the French Criminal Code" provides a comprehensive introduction to this reform. The French Labor Code took the lead in introducing the 35-hour workweek law, a model that is now being discussed across Europe and has once again sparked massive social unrest in France. Zheng Aiqing's article describes and analyzes this law. The French Commercial Court, unique in the world for being presided over by merchants, reflects France's obsession with its history, but the issue continues to be raised, making reform inevitable. Moreover, the improvement of the Commercial Court is closely related to France's industrial competitiveness, as tracked by Chen Jinchuan and Zheng Aiqing in their article. The Case Analysis section publishes a review of a recent case involving the European Court of Justice, as well as an analysis of two cases in France involving the infringement of others' copyright on the Internet. The Legal Chronicle section includes 35 pieces of information on legislation, judiciary, and major cases with significant impact in Europe. The Legal Biographies section introduces Jean Escarra (J.Escarra), a renowned French commercial law scholar and expert on Chinese law, who made significant contributions to Sino-French legal exchange. He not only wrote the famous book Chinese Law but also published a commentary on the Chinese Criminal Code in France and translated Liang Qichao's works on legalism. The Academic and Exchange Information section selects information on academic and exchange activities between China and Europe, with particular attention to the China-Europe Legal and Judicial Cooperation Program, which is currently China's largest foreign legal cooperation program, lasting four years and involving the study and training of Chinese judges, prosecutors, and lawyers in Europe. The Book Reviews, Bibliographies, and Article Indices section aims to facilitate the research and practice of European law scholars, with this issue primarily introducing Chinese works, with more Western content to be added in the future. The Newsletter from this issue, from planning to publication, was relatively short, thus limiting the content and national origins of the authors. We hope that over time, more authors from other European countries will actively participate, while warmly welcoming the works of domestic researchers and other authors, making this European Law Newsletter a collection of research achievements on European law from scholars across Europe and beyond. The editorial board of the Newsletter will adopt an open approach, welcoming everyone's participation. We sincerely thank the authors of this issue for their contributions. Additionally, some articles in this Newsletter come from the Journal of Law and Economics of the Legal and Economic Division of the French Association for Science and Technology, which was founded in 1998 and has now been published in both electronic and print formats for 18 issues. During the establishment of this Newsletter, we were greatly supported and provided with valuable suggestions by Editor-in-Chief Jia Jingping and Ms. Sun Zhiping of the Legal Publishing House. We were also supported and cared for by Counselor Cao Guoxing, First Secretary Yan Yongping, Second Secretary Kang Xiulan, former Second Secretary She Shigang, and Professor Wang Zhaozhong, President of the French Association for Science and Technology, of the Chinese Embassy in France. Professor Mikhail Dalmas-Matthias of the University of Paris and member of the Institute of Advanced Study of the University of Paris continued to provide enthusiastic encouragement and support. Mr. Liu Xiaopeng of Paris, Mr. Shi Renlin, a lawyer at the Court of Appeal of Paris, and Ms. Zheng Aiqing, a Ph.D. student at the University of Paris, provided enthusiastic care and assistance. During the editing process of this issue, Lawyer Yuan Jin of King & Wood PRC provided significant assistance and valuable comments on many articles. We sincerely thank the above individuals. Zhao Haifeng August 31, 2000, in Paris
This is the Newsletter of the European Law Newsletter. The main sections include: Papers and Special Contributions, Progress Column, Case Analysis, Legal Chronicle, Academic and Exchange Information, Book Reviews, Bibliographies, and Article Indices. The content covers European law, European human rights law, and the domestic laws of European countries. This publication will disseminate the latest research on European law and is a must-read.