This article examines how the burden of proof is allocated in private antitrust suits in China, and tries to assess whether the criticism about the high burden of proof is merited. In that quest, the article lays out the general principle for the burden of proof in antitrust cases in China. It...

Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This paper addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent...

The global trend has been toward the judicialization of social, economic and political issues. Civil law countries, newly established democracies and even authoritarian regimes have now adopted various forms of constitutional review that greatly expand the policy-making capacity of judges. In...

The theoretical argument behind the “pro-insured” or “pro-insurer” debate contains elements of contract law, business law, and consumer law. This article reexamins the insurance misrepresentation rule under the RLLI, ands compares it to insurance law in China. This comparison...

Based on the dichotomy of the property rule and the liability rule for property rights protection in perspective of Law and Economics, this article proposes that the normative standard of remedies for patent infringement should be in between the two extremes, which might be called “relative...