Corso Introduzione al Diritto Cinese

12 ottobre 2021 11:00-13:00 (CET) Aula 6

Guest Lecture (in inglese e in presenza)

Judicial and Administrative Law Development in China under Xi Jinping

In the latter half of the Hu Jintao / Wen Jiabao administration, there was a common perception amongst scholars of Chinese law that the formal legal system and, in particular, adjudication of disputes, was being afforded a lesser priority, amidst increasing concerns over the maintenance of “social stability”. By contrast, rhetoric about the legal system which accompanied the new administration of Xi Jinping and Li Keqiang in 2012, as well as appointments of respected legal figures to leading positions throughout the party-state legal hierarchy, delivered an impression that China might be on the cusp of a renewed “turn towards law”. To be sure, from the earliest days of the new administration, there remained clear indications that trends restricting the space for legal and other advocacy in China would continue even amidst any new prioritization of formal legal process. But the 2014 Decision of the Fourth Plenum of the 18th Party Congress seemed to augur well for new rounds of judicial and administrative law reform. Against that backdrop, this presentation will grapple with the formidable obstacles to judicial and administrative law reform that have become strikingly apparent in the years since that Fourth Plenum Decision.

Neysun A. Mahboubi is a Research Scholar of the Center for the Study of Contemporary China at the University of Pennsylvania, as well as a Lecturer in Law at Penn Law School. He also hosts the CSCC Podcast, and is one of the project leaders for the Penn Project on the Future of U.S.-China Relations. His primary academic interests are in the areas of administrative law, comparative law, and Chinese law, and his current writing focuses on the development of modern Chinese administrative law. He has chaired the international committee of the ABA Section of Administrative Law & Regulatory Practice, advised both the Asia Foundation and the Administrative Conference of the United States on Chinese administrative procedure reform, and moderates the Comparative Administrative Law Listserv hosted by Yale Law School. Occasionally, he comments on Chinese legal developments for CGTN America. He has taught at Princeton University’s School of Public & International Affairs, the University of Connecticut School of Law, and Yale Law School. Previously, he served as a trial attorney in the Civil Division (Federal Programs Branch) of the U.S. Department of Justice, and as a law clerk to Judge Douglas P. Woodlock of the U.S. District Court for the District of Massachusetts. He holds a J.D. from Columbia Law School and an A.B. (Politics & East Asian Studies) from Princeton University.

Coordinatore scientifico: Ivan Cardillo Zhongnan University of Economics and Law, Università di Trento.

Palazzo di Giurisprudenza, via Verdi 53 – 38122 Trento