2022年，法学院立足学科发展实际，凝练学科建设方向，稳步推进有组织科研工作，聚焦“全面依法治国战略实施中的数据运用与数据治理”、“马克思主义人权理论与中国特色社会主义法治”和新兴交叉学科方向，积极开展法学研究，不断提升法学学科在国际学术界的影响力。全年共在Cultural Trends, International Journal of Law Crime and Justice, International Journal of Cultural Policy等外文期刊发表论文12篇，主要涵盖数据法学、海洋法学、气候法学等领域，进一步提升了我院相关学科领域研究的影响力。
在此，特选部分作品，以飨读者。
刘浩
山东大学法学院副研究员、硕士生导师
[论文]Hao Liu:Whose culture is it? Recovering illegally excavated Chinese bronze wares from Japan
摘要：
While the question of the restitution of lost cultural property is no longer a new one, the issue of recovering illegally excavated archaeological objects has recently become a subject of attention from the Chinese Government. This article is an in-depth study of the process of recovering illegally excavated archaeological objects from Japan for the first time. The detailed analysis of this particular case focuses on the following: analyzing the legal issues involved in this case; exploring the legal basis for recovering illegally excavated archaeological objects and the relevant issues concerning the potentially adopted solutions; and universal recommendations on recovering archaeological objects.
关键词：
Illegal Excavation; Archaeological Objects; Recovery Case; Chinese Culture
原文刊载于：
International Journal of Cultural Policy,Jul 2022
原文链接：
https://www.tandfonline.com/doi/full/10.1080/10286632.2022.2087642
[论文]Hao Liu:Who owns history? a case study on the recovery of looted Chinese cultural relics from Japan
摘要：
The heavy military attack and colonial domination during the successive Japanese invasion wars hit the Chinese traditional culture and people the hardest and wreaked havoc on cultural relics, causing a catastrophic and irremediable loss to society. The topic of restitution of looted Chinese cultural relics during these wars arose owing to the long-pending historical issues between China and Japan. However, this issue has never attracted significant attention from the international community. Applying empirical analysis and drawing on the case study, this paper primarily focuses on two typical representative cases of the recovery of looted Chinese cultural relics from Japan, which triggered three significant issues to be addressed: the legal analysis of two recovery cases through litigation and non-litigation relief; proving the legality concerning different ownership rights of the Chinese government and individuals seeking to recover state-owned and privately-owned cultural relics; exploring the legal grounds for recovering state-owned and privately-owned cultural relics.
关键词：
Looted Cultural Relics; Case Study; Recovery Issues; Restitution Requests; Japanese Invasion
原文刊载于：
Cultural Trends,Sep 2022
原文链接：
https://www.tandfonline.com/doi/full/10.1080/09548963.2022.2122700
张蓓蓓
山东大学法学院助理研究员
[论文]Zhang, Beibei:A Critical Evaluation of China’s New Blocking Statute against Unfair
摘要：
On 9 January 2021, the Ministry of Commerce of the People's Republic of China issued its first order of the year to resist "unjustified extra-territorial application of foreign laws and other measures"; this law contains a set of blocking rules effective as of the date of the promulgation. With uncharacteristic speed and limited public discussion, this law has become a milestone in Beijing's intention to counteract judicial and administrative acts taken by foreign countries that have had a significant impact on the Chinese state and businesses. This article, by looking at the application of foreign extraterritorial laws and measures in China and beyond as well as at related countermeasures, establishes that the real effects of the blocking rules may not be promising for China due to both legal and non-legal reasons. In the analysis, this article inquires whether the blocking rules are effective and legitimate and, subsequently, whether they could lead international law down the right path towards a fair international order. Understanding the blocking rules as unilateral countermeasures that will likely become a tool in the lawfare between the United States and China and will have a negative impact on the development of international law, the author proposes an alternative approach to solve problems related to issues of unfair extraterritoriality.
关键词：
Government & Law
原文刊载于：
Hong Kong Law Journal,Mar2022
原文链接：
https://www.webofscience.com/wos/alldb/full-record/WOS:000741196900014
[论文]Zhang, Beibei;Shen, Wei:GO DUTCH—A PROPOSAL TO OPTIMISE THE STANDARDS AND PROCEDURES FOR JUDICIAL REVIEW OF ARBITRAL AWARDS IN CHINA
摘要：
2022, Sweet and Maxwell-Thomson Reuters. All rights reserved. Judicial review of commercial arbitral awards ensures fairness of the award and justice of arbitration as a whole. Much has been written on judicial review and how it could be further improved, but there has been a paucity of discussion on “role models” that Chinese law could possibly follow in improving its system of judicial supervision of arbitral process. The Dutch arbitration legislation has made significant advances and for that reason this article relies on the Dutch practice as a useful comparator in our discussion of how Chinese law and practice on judicial review of arbitral awards could be improved. At the cusp of the reform of the 1994 Chinese Arbitration Act, such a comparison helps us form a view on whether the Proposed Amendments to the Chinese Arbitration Law (Draft Amended Law) of July 2021 can be regarded as a comprehensive and sufficient measure to develop a proper ecosystem of arbitration in China. The discussion is mainly directed on two issues: the treatment of arbitral awards with foreign elements and the construction of the judicial review procedure, both of which have been the subject of serious discussion throughout the reform process. We contend that the Draft Amended Law is an incomplete step towards improving the legal mechanisms for judicial review in China and explains the steps that need to be taken to remedy the shortcomings.
关键词：
Chinese Arbitration Law; Commercial Arbitration; Dutch Arbitration Act; Enforcement of Arbitral Awards; Judicial Review of Arbitral Awards; Proposed Amendments to Chinese Arbitration Law
原文刊载于：
Journal of International and Comparative Law, Jun 2022
原文链接：
https://academicdata.sdu.edu.cn/itemDetail?id=1559363775363731458
[论文]Zhang, Beibei;Shen, Wei:Another Hole in China's 'Great Wall of Money'? Conceptualizing the Involvement of Foreign Investments in the Chinese Non-performing Loans Market Under the US-China Trade Deal
摘要：
In early 2020, the world economy plunged into a major recession due to the Coronavirus disease 2019 (COVID-19) pandemic, and non-performing loans (NPLs) went back on the agenda for banks and regulators in many countries. This is a timely article as it focuses on an attention-drawing regulatory catalyst for changes to the position of foreign investors in the Chinese NPLs disposal market. It uses the Phase One Trade Deal between the United States (US) and China as an opportunity to assess whether or not China is ready to shift towards a new approach for foreign investors trading in the primary NPLs market. Existing studies have been quick to conclude that the US-China Phase One Trade Deal will lead to a policy shift in the Chinese NPLs market through Article 4.5 contained therein. If the US-China Phase One Trade Deal is reviewed in its entirety and if China's concepts of stability, its state ownership policy and its recent treaty practice are all carefully considered, however, the involvement of foreign investment in the NPLs market may be viewed less optimistically. Using the US-China Phase One Trade Deal as a prism, it can be seen that bilateralism in trade policy may have its own limitations. China's perception of and policy towards international institutions and regimes show its willingness to integrate into the existing multilateral trade order even though its policy is still obscure and hesitant. Washington should be prepared to soften its decoupling stance to promote cooperation and coordination of the two countries in multilateral institutions.
关键词：
China; United States; US-China Phase One Trade Deal; US-China Trade Tensions; Non-Performing Loans; Foreign Investment; State-Ownership; Financial Stability; Bilateralism; Multilateralism
原文刊载于：
Journal of World Trade,Nov 2022
原文链接：
https://kluwerlawonline.com/journalarticle/Journal+of+World+Trade/56.5/TRAD2022031
付本超
山东大学法学院研究员
[论文]Fu, Ben-Chao:Unification and Coordination of Maritime Jurisdiction: Providing a Judicial Guarantee for International Trade and Marine Transport
摘要：
Maritime jurisdiction plays an important role in international trade and marine transport. It involves special kinds of rules that vary among different countries and legal systems. Thus, in international maritime jurisdiction, the coordination and settlements of jurisdictional conflicts are vital for the uniformity of international maritime law. This study provides a comparative analysis of maritime jurisdiction in international trade and marine transport. First, it introduces the concept, category, and legal characteristics of maritime jurisdiction based on historical sources. Then, we conduct a comparative analysis of the civil law system, common law system, international conventions, and Chinese maritime jurisdiction provisions, focusing on their differences and the existing legal problems. Among other suggestions for the improvement of the rules of maritime jurisdiction, this study proposes the unification and coordination of maritime jurisdiction, which could impact international trade and marine transport.
关键词：
International Trade；Marine Transport；Maritime Jurisdiction；Unification and Coordination；Legal Proposals
原文刊载于：
Frontiers in Marine Science,Mar2022
原文链接：
https://www.frontiersin.org/articles/10.3389/fmars.2022.848942/full
李本灿
山东大学法学院教授
[论文]Li, Bencan;Liu, Junxia:Research of corporate compliance in China: Review and reflections
摘要：
This article sorts out the research from the past decade on corporate compliance in China. Chinese scholars have studied corporate compliance from different disciplines and perspectives. In terms of research methods, the study of corporate compliance should adopt the dogmatics approach to provide a stable theoretical framework for the construction of the compliance system. In terms of research direction, future research needs formal thinking to delimit the institutional boundaries of criminal compliance. As for unit imputation mode, corporate compliance does not solely depend on any certain mode. No vicarious responsibility, strict responsibility or organizational responsibility constitutes the institutional foundation of compliance. Before China's legislation is amended, compliance should serve as a factor to exclude or reduce corporate responsibility so as to encourage corporate compliance.
关键词：
Corporate compliance; Compliance programs; Corporate criminal responsibility; China
原文刊载于：
International Journal of Law, Crime and Justice,Dec2022
原文链接：
https://www.sciencedirect.com/science/article/pii/S1756061622000374?dgcid=author
法学院将继续坚持精耕细作，聚势谋远，再接再厉，不断发力，为中国法治建设、为世界法治文明作出更大的贡献。
文 | 严杰 曲仪 罗鑫昊
审核 | 郑智航 董雪梅
