QIANFAN ZHANG - religlaw.org - Qianfan Zhang... · QIANFAN ZHANG School of Law, Peking University,...

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QIANFAN ZHANG School of Law, Peking University, Beijing, China 100871 086 10 62766039 (O), 13693054358 Email: [email protected] Education Ph.D. in Government August 1999 M.A. in Government December 1997 University of Texas at Austin Ph.D. in Physics/Biophysics November 1989 M.S. in Physics May 1986 Carnegie-Mellon University, Pittsburgh, PA. B.S. in Solid State Physics July 1984 Nanjing University, Nanjing, People's Republic of China Professional Experience Director, Center on the People’s Congress and May 2007 Present Parliamentary Institutions, School of Law, Peking University Senior Deputy Director, Center on May 2004 Present Administrative and Constitutional Law, Peking University Professor January 2003 Present School of Law, Peking University Professor October 1999 December 2002 School of Law, Nanjing University, Nanjing, China Chief Editor January 2000 Present Nanjing University Law Review Visiting Professor May August, 2007 Institute of Law, Academia Sinica, Taiwan Visiting Professor January February, 2005 School of Law, National University of Singapore August September 2005/2006 Visiting Scholar June August 2003 School of Law, Columbia University Visiting Scholar June August 2002 University of St. Andrews, Center for Ethics and Public Affairs, UK Adjunct Professorship/Board Member

Transcript of QIANFAN ZHANG - religlaw.org - Qianfan Zhang... · QIANFAN ZHANG School of Law, Peking University,...

Page 1: QIANFAN ZHANG - religlaw.org - Qianfan Zhang... · QIANFAN ZHANG School of Law, Peking University, Beijing, China 100871 086 10 62766039 (O), 13693054358 Email: qfz@pku.edu.cn Education

QIANFAN ZHANG

School of Law, Peking University, Beijing, China 100871

086 10 62766039 (O), 13693054358

Email: [email protected]

Education

Ph.D. in Government August 1999

M.A. in Government December 1997

University of Texas at Austin

Ph.D. in Physics/Biophysics November 1989

M.S. in Physics May 1986

Carnegie-Mellon University, Pittsburgh, PA.

B.S. in Solid State Physics July 1984

Nanjing University, Nanjing, People's Republic of China

Professional Experience

Director, Center on the People’s Congress and May 2007 – Present

Parliamentary Institutions, School of Law, Peking University

Senior Deputy Director, Center on May 2004 – Present

Administrative and Constitutional Law, Peking University

Professor January 2003 – Present

School of Law, Peking University

Professor October 1999 – December 2002

School of Law, Nanjing University, Nanjing, China

Chief Editor January 2000 – Present

Nanjing University Law Review

Visiting Professor May – August, 2007

Institute of Law, Academia Sinica, Taiwan

Visiting Professor January – February, 2005

School of Law, National University of Singapore August – September 2005/2006

Visiting Scholar June – August 2003

School of Law, Columbia University

Visiting Scholar June – August 2002

University of St. Andrews, Center for Ethics and Public Affairs, UK

Adjunct Professorship/Board Member

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Adjunct Professor June 2008 -- Present

School of Law, Central South University

Senior Fellow on Public Policy April 2008 -- Present

Association of Chinese Economic Institutional Reform

Advisor January 2008 -- Present

Special Committee on Constitutional Law, Beijing Bar Association

Adjunct Professor October 2007 -- Present

School of Law, Beihang University

Editorial Board Member September 2007 -- Present

Journal of Chinese Philosophy (University of Hawaii)

Research Fellow May 2007 -- Present

Finance and Economic Law Center, Peking University

Advisor on Academic Committee March 2007 -- Present

Chinese Social Science Survey Center, Peking University

Editorial Board Member September 2006 -- Present

Series on Public Law Classics (Commerce Press)

Academic Committee Member August 2006 -- Present

Center on Constitutionalism and Administrative Rule of Law, People’s University of China

Editorial Board Member August 2005 -- Present

Series on Constitutionalism (Peking University Press)

Academic Committee Member June 2005 -- Present

Center on Constitutionalism, China’s Politics and Law University

Adjunct Professor April 2005 -- Present

School of Law, Zhengzhou University

Adjunct Professor March 2005 -- Present

School of Humanities, North China Institute of Technology

Advisor February 2005 -- Present

Quanda Law Firm, Beijing

Adjunct Professor October 2004 – Present

Institute of Judges, Jiangsu Province

Adjunct Professor January 2004 – Present

School of Government Management, Peking University

Research Fellow January 2004 – Present

Institute of Political Development and and Government Management, Peking University

Page 3: QIANFAN ZHANG - religlaw.org - Qianfan Zhang... · QIANFAN ZHANG School of Law, Peking University, Beijing, China 100871 086 10 62766039 (O), 13693054358 Email: qfz@pku.edu.cn Education

Adjunct Professor January 2003 – Present

Center on Constitutionalism and Administrative Rule of Law, People’s University of China

Adjunct Professor Summer 1998 -- Present

School of Law, Nanjing Normal University

Teaching and Research Interest

Comparative constitutional and judicial systems; Comparative administrative law;

International human rights; Legal and political philosophy;

Methodological approaches to comparative analysis of political and legal institutions;

Comparative political and moral theory; Chinese legal (especially judicial) reform.

Professional Membership

Vice President, Chinese Constitutional Law Association October 2004

International Society of Chinese and Western Philosophy 2003 -- Present

American Chinese Philosophical Association 1997 -- Present

Academic Awards

Outstanding Young Jurist October 2000

Jiangsu Academy of Legal Science (Jiangsu Faxuehui)

First Award for Western Constitutional Systems (vol. 1) October 2001

Seventh Academic Competition in Philosophy and Social Science, Jiangsu Province

First Award for American Constitution and Government February 2002

Third Academic Competition in Humanities and Social Science, Nanjing University

Second Award for Western Constitutional Systems (vol. 2) October 2002

Academic Competition, Chinese Constitutional Law Society

National Nomination for Outstanding Young Jurist October 2003

First Award for Introduction to the Study of Constitutional Law November 2004

Excellence in Teaching Competition, Peking University

Chair in Constitutional Law, Beijing Elite Course Series October 2006 -- Present

Grants and Projects:

Legal Regulation of Market Economy, Department of Education (Completed)

Constitutionalism, Rule of Law, and Economic Development, Philosophy and Social Science

Foundation, Jiangsu Province, 2001-2004 (Completed)

Constitutionalism and Constitutional Reform (part of Political Civilization and Constitutionalism),

Important Research Program in Philosophy and Social Science, Department of Education

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(Completed)

State Sovereignty and Local Autonomy, Key Project of State Social Science Foundation, 2004.

Comparative Analysis of State Structure in Transitional Period, Key Project of Humanities and

Social Science Research, Department of Education.

Comparative Analysis of Anti-secession in American and European Countries: Theory and

Practice, Key Research Project, Taiwan Affair Office, State Council (Completed)

An Analysis of the “Second Republic Constitution” in Taiwan, Key Research Project, Taiwan

Affair Office, State Council (Completed)

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Academic Publications and Activities

Books:

Market Economy and Legal Regulations (Shichang Jingji de Faluu Tiaokong), Beijing: Legal System

Press (1998).

American Constitution and Government Institution (Meiguo Xianfa yu Zhengfu Tizhi), Beijing: Chinese

Social Science Press (2000).

Constitutional Systems in the West (Vol I): American Constitutionalism (Xifang Xianzheng Tixi: Meiguo

Xianfa), Beijing: China University of Politics and Law Press (2000/2004).

Constitutional Systems in the West (Vol II): European Constitutionalism (Xifang Xianzheng Tixi: Ouzhou

Xianfa), Beijing: China University of Politics and Law Press (2001/2005).

Introduction to the Study of Constitutional Law: Principles and Applications, Beijing: Law Press

(2004/2008).

Study in Constitutional Law (Editor and Co-author), Beijing: Law Press (2004/2008).

Constitutionalism, Rule of Law, and Economic Development (First Author), Beijing University Press

(2004).

The Path of Chinese Constitutionalism (Co-editor and Co-author), Beijing University Press (2004).

Expositions on the Constitution (Yixian Lundao), Beijing: Legal System Press (2007).

The Institutional Guarantee of New Rural Construction (Editor and Co-author), Beijing: Law Press

(2007).

Theory and Practice against Occupational Discrimination in Foreign Countries (Co-editor and Co-

author), Beijing: Chinese Social Science Press (2007).

Constitutional Law (Editor), Beijing University Press (2008).

Selection of Classical Constitutional Cases, Beijing: High Education Press (2008).

Comparative Administrative Law: Systems, Institutions, and Processes (First Author), Beijing: Law Press

(2008).

From Constitution to Constitutionalism: A Comparative Study of Judicial Review, Beijing: Law Press

(2008).

Legalization of Central-Local Relationship, (Co-editor with Paul Gerwirtz), Jiangsu: Yilin Press (2009).

Articles in Law and Social Science:

The French Conseil d'Etat and Judicial Control of Administrative Activities (Faguo Guozhengyuan yu

Xingzheng Xingwei de Sifa Kongzhi), China Legal Science (ZhongGuo FaXue), 65 (1995): 107-117.

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The Legal Order of American Economy (Meiguo Jingji de Faluu Zhixu), in Gong Pixiang (ed.), 2 Studies

on the Modernization of Law (Fazhi Xiandaihua Yanjiu) 487-519 (1996).

Constitutionalism and Democracy: On the Separation of Powers and Political Parties in American

Government (Xianzheng yu Minzhu: Meiguo Zhengfu de Sanquan Fenli yu Zhengdang Zhengzhi), 14

Chinese Social Science Quarterly (ZhongGuo SheHui KeXue JiKan) 145-167 (Spring 1996).

The Future of Capitalism: A Comparative Study of Modern Capitalism and Democracy (Ziben Zhuyi zhi

Fenxi: Yixiang Xiandai Minzhu yu Ziben Zhuyi de Bijiao Yanjiu), 17 Chinese Social Science Quarterly

(ZhongGuo SheHui KeXue JiKan) 153-176 (Winter 1996).

The Legal Framework of European Union (Ouzhou Gongtongti de Faluu Goujia), in Gong Pixiang (ed.),

4 Studies on the Modernization of Law (Fazhi Xiandaihua Yanjiu) 491-530 (1999).

The Center Constrains the Locals: On the Dormant Effect of the Interstate Commerce Clause in the

United States Constitution (Yi Zhongyang Zhiyue Difang: Meiguo Lianbang Xianfa zhong de Zhouji

Maoyi Tiaokuan de Qianfu Xiaoying), 12 Nanjing University Law Review 216-230 (Autumn 1999).

Tradition and Modernity: On the Characterization of Li as a Constitution of Society (Chuantong yu

xiandai: Lun Li de xianfa xue dingxing), 2 Jinling Law Review (Jinling Falv Pinglun) 29-38 (Autumn

2000).

The Idea of Human Dignity in Classical Chinese Philosophy: A Reconstruction of Confucianism, 27 (3)

Journal of Chinese Philosophy 299-330 (September 2000).

The Regulation of the American Federal Government on Interstate Commerce (Meiguo Lianbang

Zhengfu dui Zhouji Maoyi de Tiaokong), 2 Nanjing University Academic Journal (Nanjing Daxue

Xuebao) 141-150 (2001).

The Constitutional Problems in the American Presidential Election (Meiguo Zongtong Daxuan zhong de

Xianzheng Wenti), 4 Chinese and Foreign Legal Studies (Zhongwai Faxue) 385-417 (2001).

Between the Natural Law and Ordinary Law: A Constitutional Analysis of Li (Zai Ziran Fa yu Yiban Fa

zhijian: Yixiang guanyu Li de Xianfa Xue Fenxi), 2001 Law Review of China University of Politics and

Law 336-368 (2001).

The German Basic Law and Constitutional Court (Deguo Jiben Fa yu Xianzheng Fayuan), in Gong

Pixiang (ed.), 7 Studies on the Modernization of Law (Fazhi Xiandaihua Yanjiu) 635-675 (2001).

Evolution without Democracy: Toward a Uniform Framework of Analyzing the Success and Failure of

Chinese Communism, 6(2) Journal of Chinese Political Science 1-42 (Fall 2001).

Rule of Law, Rule of Virtue, and Constitutionalism, 2 Journal of Law and Commerce 34-39 (2002).

The Role of Democracy and Administrative Rule of Law: From the Perspective of Peasant Burdens, in

The Power of Rule of Law, Beijing: China People’s Public Security University Press (2002), pp. 193-197.

The French Constitutional Council and the Constitutional Protection of Human Rights (Faguo

Xianzhengyuan yu Renquan de Xianfa Baohu), in Comparative and Public Law Institute of Zhejiang

University (ed.), Studies on Public Law (Gongfa Yanjiu, vol. 1), pp. 198-232 (2002).

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On the Basic Values and Characters of Modern Constitutionalism, in Special Issue Commemorating the

20th Anniversary of the Enactment and Enforcement of the Current Constitution, China Legal Science, pp.

33-37 (2002).

The People’s Court in Transition: The Prospects of the Chinese Judicial Reform, 12 (34) Journal of

Contemporary China 69-101 (Spring 2003); updated in Suisheng Zhao (ed.), Debating Political Reform

in China: Rule of Law vs. Democratization, Armonk, NY: M.E. Sharpe (2006), pp. 138-163.

Law is a Rational Discourse: A Defense for the Rationality of Case Law System, 5(1) Peking University

Law Review 69-100 (2003).

Taking Constitution Seriously: On the Necessity and Feasibility of Constitutional Review in China, 5

Chinese and Foreign Law Review 560-580 (2003).

On the Delimitation of the Legal Effect of Constitution and Its Influence on Private Law, 2 Journal of

Comparative Law 1-18 (2004).

Establishing Review of Legal Norms in China: A Theory of Constitutional Revision, 2 Strategy and

Management 61-69 (2004).

Precedent and Rationality: A Further Defense of Judicial Case Law System in China, 2 Henan Social

Sciences 8-12 (2004).

Beggars, Vagabonds, and Their Regulations: Delimiting Central and Local Power from the Perspective of

Poverty Assistance, 3 Chinese Journal of Law (Faxue Yanjiu) 39-51 (2004).

The Constitutional Significance of Freedom to Travel of Beggars and Vagabonds, 7 Legal Science

Monthly (Faxue) 51-61 (2004).

Balancing Freedom and Order: A Constitutional Analysis of the Issue on Beggars and Vagabonds, 4

Chinese Legal Science 55-65 (2004).

What Constitutional Human Rights Protections Should Protect? On the Necessity of Introducing

Constitutional Amendments on Criminal Due Process, 4 Jurists (Faxue Jia) 21-24 (2004).

What is a Precedent? On the Nature, Role, and Process of Case Law Mechanism, 4 Henan Social

Sciences 1-6 (2004).

On the Strengthening and Transformation of the People’s Congress, 5 Legal Science (Falv Kexue) 6-8

(2004).

Does the Constitution Protect Internet Obscenity? 2 Chinese Lawyers 18-19 (October 2004).

The Calamity and Felicity of Great Nations: Thoughts on Designing State Structures, 1 National Interest

(Daguo) 199-206 (2004).

Making the Least Dangerous Branch Play the Most Significant Role: On the Significance of Judicial

Independence on Market Economy, 6 Zhejiang Academic Journal (Zhejiang Xuekan) 99-110 (2004).

Ten Key Institutions for Improving the Functioning of the People’s Congresses, 6 Chinese Journal of

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Law 19-20 (2004).

What is Public Interest? The Utilitarian Definition and Its Constitutional Limitations, 1 Legal Forum 28-

31 (2005).

Constitutional Review and Individual Rights, 1 Young Thinker 7-15 (2005).

From Popular Sovereignty to Human Rights: The Paradigmatic Transformation of Chinese Constitutional

Study, 2 Tribune of Politics and Law 3-9 (2005).

Just Compensation and the Constitutional Limitation on Eminent Domain Power, 2 Chinese Journal of

Law 25-37 (2005).

From Regulation to Freedom: On the Constitutional Transformation of the Right to Travel of the

American Poor, 6 Peking University Law Review 564-592 (2005).

Constitutionalism, Rule of Law and Economic Development: A Preliminary Theoretical Framework, 2

Journal of Tongji University 80-90 (2005).

What the Constitution Should Not Provide, 3 ECUPL Journal 25-33 (2005).

The Dilemma of Public Interest: The Constitutional Interpretation of the American Public Use Clause and

Its Relevance to China, 5 China Legal Science 36-45 (2005).

The Constitution of Public Interest: An Inquiry into the Objectives of Administrative Law and the

Meaning of “Balance”, 5 Journal of Comparative Law 1-14 (2005).

Administrative Neutrality: On the Institutional Protection of Administrative Fairness from the Perspective

of American Administrative Law, 6 Journal of Law and Commerce 135-145 (2005).

From Administrative Rule of Law to Constitutionalism: The Changing Perspectives of Chinese Public

Law, 3 Asia Law Review 47-75 (2006).

Discrimination or Affirmative Action? Constitutional Test for Differential Admission Standards of

College Entrance Examinations, 2 ECUPL Journal 118-122 (2006).

The Use and Abuse of Constitution: Constitutional Problems in Property Law, 3 Legal Science Monthly

33-38 (2006).

Student Disciplines and Administrative Remedies, in Zhan Zhongle (ed.), University Autonomy, Self-

restraint and Hetero-restraints, Peking University Press (2006), pp. 122-128.

Freedom of Speech in Constitutional States, in Fu Zitang (ed.), Lectures on Jurisprudence (vol. 2),

Beijing: Law Press (2007), pp. 110-139.

Constitutional Inquiry into Peasant Problems, 4 Chinese Journal of Law 39-50 (2006).

On Administrative Obligations and Judicial Remedies in the European Union, 5 Journal of Peking

University (Social Science Edition) 120-129 (2006).

Procedure of American Administrative Rule-making: Models and Modifications, 6 Zhejiang Academic

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Journal 133-141 (2006).

The Deficiencies in the Concept of Rule of Law, 6 Studies and Explorations (Xuexi yu Tansuo) 89-93

(2006).

Liberty or Rule of Law? Legal Exemptions of Religious Belief and Its Boundary, in Liu Peng (ed.), State,

Religion, Law, Beijing: Chinese Social Science Press (2006), pp. 86-104.

Judicial Control of Informal Rule-making in the United States, 6 Administrative Law Journal 118-123

(2006).

The Formation and Development of World Administrative Law Systems, 6 Journal of Comparative Law

20-36 (2006).

The Standards and Methods of Judicial Review: From the Perspective of American Administrative Law, 6

Jurists 36-44 (2006).

New Rural Constructions Demands Institutional Protection, 1 Legal Science Monthly 11-21 (2007).

Constitutional Flexibility and Local Experiments, 1 Chinese Journal of Law 63-73 (2007).

Taking Functionalism Seriously: Comments on the Future of Chinese Jurisprudence, 2 Modern Legal

Science 45-53 (2007).

Legal Control of Administrative Discretions, 3 Legal Science (Falv Kexue) 105-116 (2007).

The Constitutional Protection of Rights of Civil Servants: A Comparative Study of Internal

Administrative Legal Relations, 3 Zhejiang Academic Journal 145-153 (2007).

Chinese Legal Reforms in the Aftermath of the Sun Zhigang Incident, 4 Asia Law Review 1-39 (2007).

Human Dignity in Classical Chinese Philosophy: Reinterpreting Mohism, 34 Journal of Chinese

Philosophy 239-256 (2007).

Democracy and Trust: The Insight of the American Bank Case on the Institutional Guarantee of New

Rural Construction, 3 Jiangsu Social Sciences 111-117 (2007).

National Unification and Local Autonomy: The Constitutional Mechanism for Peaceful Unification

Across the Taiwan Strait, 4 ECUPL Journal 3-12 (2007).

The Science of Equality: A Comparative Analysis of Legal Controls over Occupational Discrimination, 4

Northern Journal of Legal Studies 5-18 (2007).

The Judicial Application of General Principles of Law: From the Perspective of the European

Administrative Law, 3 Administrative Law Journal 114-119 (2007).

The Political Check of Administrative Power: From the Perspective of American Administrative Law, 5

Contemporary Legal Science (Dangdai Faxue) 128-140 (2007).

From Constitution to Constitutionalism: The Past, Present and Future of Constitutional Review in

mainland China (First author), in Tang Dezong and Wang Pengxiang (eds.), Legal Development Across

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the Strait (vol. 1), Taipei: Institute of Law, Academia Sinica Press (2007), pp. 45-80.

Toward Electoral Justice: On the Standard of Judicial Review of Negative Political Campaigns, 32 (4)

Constitutional Epoch (Xianzheng Shidai, Taiwan) 395-543 (2007).

From Constitution to Constitutionalism: A Comparative Analysis of Judicial Review, 1 Journal of

Comparative Law 72-86 (2008).

Reflection and Prospects of A Century of Chinese Constitutionalism, 4 Legal Science Monthly 40-50

(2008).

Commentaries: The Judge should not enforce judgments by himself (Faguan buyi “qinzi chuma” zhixing panjue), Legal

Daily (Sunday Edition), 12 March 2000.

On law as a rational discourse (Faluu shi yizhong lixing duihua), Legal Daily (Sunday Edition), 13

August 2000.

Commentary on the article “Suing the state for ten years, the favorable judgment yet to be enforced”

(“Shinian min gao guan, Shengsu nan zhixing” zhuanjia dianping), Jiangsu Internal Reference (Jiangsu

Neican), 22 September 2000, pp. 14-15.

The judges select the president? The American presidential election and the power of law (Faguan xuan

zongtong? Cong meiguo zongtong daxuan kan fazhi de liliang), Legal Daily (Sunday Edition), 14

January 2001.

The judges select the president? Democracy and rule of law in the American presidential election

(Faguan xuan zongtong? Toushi meiguo daxuan zhong de minzhu yu fazhi), Legal Daily (Sunday

Edition), 11 February 2001.

What is supposed to be a Constitution? Jiangsu Legal Daily, 5 December 2002.

Precedents and rationality: A defense of China’s case law system, Legal Daily, 31 December 2002.

The role of the judiciary in curbing occupational discrimination, Legal Daily, 1 January 2004.

Balancing powers through rule of law, Legal Daily, 29 January 2004.

Establishing impeachment in China, Legal Daily, 22 April 2004.

The beginning of China’s constitutional era? Legal Daily, 28 June 2004.

The Central Government and the SAR should expel past discrepancies and push for democracy together;

As the mainland and Hong Kong enhance mutual trust, the tide turns toward compromise, Hong Kong

Economic Daily, 16-17 August 2004.

Refusing medication, not euthanasia, Legal Daily, 7 April 2005.

Who has the right to decide life or death for Terri Schiavo? Legal Daily, 14 April 2005.

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Preface to Jerome Barron and Thomas Dienes, Constitutional Law in a Nutshell (5th Ed.), Beijing: Law

Press (2004), pp. 1-5.

Chao’an prune incident calls for the establishment of constitutional review in China, South Weekend

(Nanfang Zhoumo), 30 June 2005.

The constitutional interpretation of public interest and reasonable compensation, South Weekend, 11

August 2005.

Constitutionalism, Rule of Law, and Economic Development: Toward Institutional Guarantee of Market

Economy, 12 Canvassing Books (Bolan Qunshu) 4-7 (2005).

Devolution of central political power helps to resolve dilemma of “one-country, two-systems”; SAR

Chief Administrator need not follow the central government in everything, Hong Kong Economic Daily,

12-13 January 2006.

College admission should abandon local quota, South Weekend, 6 April 2006.

Reflections on local quota and criteria of college admission, South Weekend, 13 April 2006.

How to guarantee fair election of village representatives? China Economic Times (Zhongguo Jingji

Shibao), 9 May 2006.

Constitutional issues in Property Law, China Economic Times, 22 May 2006.

How to test discrimination? The constitutional criteria of equality with respect to age discrimination,

South Weekend, 6 July 2006.

Press freedom and regulation in state emergency, 14 Finance (Caijing) 100-102 (10 July 2006).

It’s time to regulate direct elections of the People’s Congresses below the county level, 30 Phoenix

Weekly 60-61 (2006).

Four constitutional clauses empower the People’s Congresses to say “No”, Procuratorate Daily, 18

December 2006.

Fragments on the “most entrenched inhabitants”, New Beijing Daily (Xinjingbao) 21 April 2007.

May a citizen “libel” against officials? New Beijing Daily, 13 May 2007.

Science of equality: On the significance of legislation against occupational discrimination, Legal Daily, 6

June 2007.

Local autonomy in Taiwan as viewed from the event of “rectifying the name” of Jiang Kaishek’s

Memorial Hall, 1 Weiming Law Journal 100-101 (2007).

Media-party relationship in Taiwan as viewed from the Sanli broadcasting scandal, 1 Weiming Law

Journal 101-102 (2007).

Dilemma of “death quota” and its way out, New Beijing Daily, 10 June 2007.

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Lavish government office buildings aren’t just a moral question, New Beijing Daily, 14 July 2007.

Judicial protections of electoral regularity, Economic Observer, 17 July 2007.

Localized college examinations cannot conceal infringement of equality, New Beijing Daily, 29 July

2007.

Toward Legalization of Political Leadership, China Economic Times, 31 July 2007.

Why poorer counties have more assistant administrators? New Beijing Daily, 19 August 2007.

Potential dangers in the virtual police system on internet, South Metropolitan Daily (Nanfang Dushibao),

9 September 2007.

How to distinguish different levels of occupational discrimination? Legal Daily, 11 September 2007.

New Territory Province set up a good example by limiting proportion of local officials in the People’s

Congresses, New Beijing Daily, 22 September 2007.

Don’t belittle little states, China Economic Times, 1 November 2007.

How to break the dilemma of “more resources beget more tragedies”? China Economic Times, 23

November 2007.

Judicial review as a permanent constitutional project, Legal Daily, 25 November 2007.

Media merger and press monopoly, China Economic Times, 3 December 2007.

Who should decide prohibition of pigs order in Dongguan (Guangdong Province)? New Beijing Daily, 15

December 2007.

Democracy is to deliberate according to (Robert’s) rules, China Economic Times, 17 December 2007.

“One-person, one-vote” is better way to go, New Beijing Daily, 22 December 2007.

Why prohibit “small property right”? China Economic Times, 1 January 2008.

Urbanization doesn’t mean taking, New Beijing Daily, 5 January 2008.

Entrenched inhabitants in Liede (Guangzhou): Courts should vindicate minority rights, South

Metropolitan Daily, 9 January 2008.

May a media “libel” against officials? South Metropolitan Daily, 13 January 2008.

Autonomous college admission programs may not violate equality, New Beijing Daily, 20 January 2008.

Citizens and government face-to-face: A good beginning for deliberative democracy, Procuratorate

Daily, 21 January 2008.

Equal election rights between cities and counties: The paradigmatic effect of Zichuan (Shangdong

Province), Procuratorate Daily, 28 January 2008.

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Government better face-to-face with people, Legal Daily, 27 January 2008.

Rule of law should not leave out custody centers, South Metropolitan Daily, 1 February 2008.

Can “large department model” solve problems? 3 Finance 30-31 (4 February 2008).

Conflicts among officials emanate from conflicts between officials and people, South Metropolitan Daily,

22 February 2008.

Public interest doesn’t require taking, China Economic Times, 28 February 2008.

Standing Committees of the People’s Congresses should abide by regional equality, South Metropolitan

Daily, 1 March 2008.

Rationalization of administrative structure is the premise for improving administrative efficiency, Legal

Daily, 7 March 2008.

Two Assemblies (of the National People’s Congress and National Political Consultative Committee)

should set their priority on reviewing financial budget, New Beijing Daily, 15 March 2008.

Central-local division of powers need be legalized, South Metropolitan Daily, 23 March 2008.

Tax payers should decide whether “Symbolic City for Chinese Culture” should be built, China Economic

Times, 31 March 2008.

Let public participate in government policy-making of large-scale projects, China Economic Times, 4

April 2008.

Why teaching evaluations (conducted by Department of Education) are so extravagant? South

Metropolitan Daily, 16 April 2008.

Pilots fare no better than peasant workers (in absence of right to associate), New Beijing Daily, 20 April

2008.

Reappoint of a responsible official illustrates lack of responsibility system, Scientific Times, 24 April

2008.

Treating unfriendly speeches with tolerance, Legal Daily, 25 April 2008.

Peking University, Youth, May Fourth, and Constitutionalism, Special issue on Young China and Beida

Tradition, 9 Youth Cultural Review 10-15 ** (2008).

Patriotism and rationality, South Metropolitan Daily, 11 May 2008.

Who is culpable for “college examination immigrants”? New Beijing Daily, 17 May 2008.

Local democracy is the basis for post-quake reconstruction, New Beijing Daily, 24 May 2008.

1908-2008: Centennial review of Chinese constitutionalism, Legal Daily, 4 June 2008.

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Adjunct People’s Congress beget an adjunct representative, New Beijing Daily, 7 June 2008.

Translations:

James Madison, The Federalist Papers, No. 10, 39, 51, in Chinese Intellectuals (Spring 1994), pp. 26-32.

Walter F. Murphy, Constitutionalism, in Nanjing University Law Review (Autumn 2000), pp. 1-5.

Oliver Wendle Homes: The Path of Law, in Nanjing University Law Review (Autumn 2000), pp. 6-19.

Richard A. Posner, The Path Beyond Law, in Nanjing University Law Review (Autumn 2000), pp. 20-23.

Hans Kelsen, Judicial Review of Legislation, in Nanjing University Law Review (Spring 2001), pp. 1-9.

Judges, Media, and Judicial Fairness: United v. Microsoft, in Nanjing University Law Review (Spring

2001), pp. 178-188.

Paul Brest et al., Processes of Constitutional Decisionmaking (4th Ed.), Qianfan Zhang et al. (trans.),

China University of Politics and Law Press (2002).

Herbert Wechsler, Toward Neutral Principle of Constitutional Law, in Nanjing University Law Review

(Spring 2004), pp. 1-24.

James Thayer, The Origin and Scope of American Constitutional Theory, 2 Global Law Review 141-153

(2005).

Selected Translations on Constitutional Law, Harvard Law Review, Qianfan Zhang et al. (trans.), Law

Press (2005).

Herbert A. Simon, Public Administration in Today’s World of Organizations and Markets, 3 Zhejiang

Academic Journal 120-127 (2008).

Conference Presentations:

Individual Rights and National Interests: Toward the Constitutional Protection of Human Dignity.

Annual Meeting of Association of Chinese Political Studies. Buffalo, NY. August 1996.

Human Dignity in Confucianism: Toward a Balanced View of Rights and Duty. The Twentieth World

Congress of Philosophy. Boston, MA. August 1998.

Ideological Commitment and Dilemma of Social Choice: Dynamic Simulations of Social Capital. Annual

Meeting of American Political Science Association. Boston, MA. September 1998.

Confucianism and Constitutionalism: On Characterization of Li as a Constitution of Society. Annual

Meeting of American Philosophical Association. Washington D.C., December 27-30, 1998.

Applying Spatial Theory to New Democracies: A Model for Analyzing the Aggregate Data of the 1996

Russian Presidential Election. 57th Annual Meeting of Midwest Political Science Association. Chicago,

IL. April 15-17, 1999.

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Applying Spatial Theory to Aggregate Data: Theory and Simulations. Political Methodology Meeting.

University of Texas A&M. July 15-17, 1999.

The Basic Objectives of Public Policy. International Conference on Public Policy and Management.

Sponsored by Tsinghua University Public Management Institute. May 12-14, 2000.

The People’s Court in Transition: On the Prospects of the Judicial Reform in China. Annual Meeting of

American Political Science Association. Washington D.C., September 2, 2000.

Toward a Global Constitutional Principle: The Idea of Human Dignity in Confucianism. Annual Meeting

of American Political Science Association. Washington D.C., September 2, 2000.

Tradition and Modernity: On the Characterization of Li as a Constitution of Society. The Third

International Conference on Asian Philosophy of Law. Nanjing Normal University. October 8, 2000.

Toward a Global Legal Culture? On the Prospect of the Chinese Judicial Reform. Presentation for China

Facing the New Millennium: The Challenge of Globalization. Annul Meeting of the Association of

Chinese Professors of Social Sciences. Kennesaw State University. Atlanta, GA, October 27-29, 2000.

On the Limitations of the Legislation Law and the Necessity for Judicial Review (of Legislations). The

Fourth Annual Meeting of Jiangsu Administrative Law Section. Sponsored by Soochaw University Law

School. November 15-19, 2000.

A “New Paradigm” for Legal Research? On Establishing a Rigorous Jurisprudential System Based on

Neo-Pragmatic Positivism. Academic Conference on the Paradigmatic Change in the Chinese Legal

Studies. November 28-30, 2000.

Benevolence, Humanity, and Right to Food: A Confucian Perspective. The Fourth Academic Meeting on

International Law. Sponsored by Raoul Wallenberg Institue of Human Rights and Humanitarian Law.

Xiamen University, March 22-24, 2001.

Consfucianism and Constitutionalism. International Conference on Political Philosophy. Sponsored by

Chinese Academy of Social Science. Beijing, April 27-29, 2001.

The Citizen Sues the State: The Changing Perspectives of the Chinese Administrative Law. Economy,

Law, and Rechtstaat, A Sino-German International Conference. G ttingen, Germany, June 28-30, 2001.

The Vocation of Public Law and Administration. International Conference on Public Administration and

Management. Sponsored by Shanghai Jiaotong University. August 15-17, 2001.

Taking Constitution Seriously, Annual Conference of Chinese Association of Constitutional Law,

Sponsored by School of Law, Suzhou University, 18-19 October 2001.

Right to Education: A Case for Judicialization of the Chinese Constitution? International Law: Torture

Prevention and the Right to Education, Academic Meeting V. Organized by Fudan University, the Danish

Centre for Human Rights, the Norwegian Institute of Human Rights and the Raoul Wallenberg Institute

of Human Rights and Humanitarian Law. Shanghai, 25-27 October 2001.

The Protection of Legal Interest in China: From Administrative Rule of Law to Constitutionalism? Sino-

German Academic Conference on Infrastructure Building and Public Participation, Sponsored by Nanjing

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University and German State Department, Nanjing, 4-6 November 2001.

The Basic Principle of Translating Legal Works, American Law Series Conference on Legal Translations

and Legal Transformation, Sponsored by China University of Politics and Law Press, Beijing, 15-16

January 2002.

Comments on Ethics in Action: Defending the Rights to Life and Article 2 of the ICCPR, Ethics in

Action: The Successes, Compromises, and Setbacks of Transnational Human Rights and Humanitarian

NGOs. Carnegie Council on Ethics and International Affairs, 15-16 February 2002.

Human Dignity in Classical Chinese Philosophy: A Reconstruction of Confucianism, Conference on

Political Philosophy in China, Oxford University. 9 June 2002.

Human Dignity in Classical Chinese Philosophy: Reinterpreting Daoism and Moism, Conference on

Political Philosophy in China, University of St. Andrews. 22 June 2002.

Taking Constitution Seriously: On the Feasibility of Constitutional Review in China, Academic

Conference Commemorating 20th Anniversary of the Enactment of the Current Constitution, Sponsored

by CASS, Beijing, 25 September 2002.

Taking Constitution Seriously: On the Delimitation of Legal Effect of Constitution and Its Influence over

Private Law, Annual Conference of Chinese Constitutional Law Association, Sponsored by South Central

Finance, Politics, and Law University, Wuhan, 16-18 October 2002.

From Administrative Rule of Law to Constitutionalism? The Changing Perspectives of Chinese Public

Law, International Association of Constitutional Law Conference on Market Economy and Constitutional

Building, Beijing, 27-30 November 2002.

Constitutionalism, Rule of Law, and Market Economy, Keynote Speech on Second Rule of Law Forum of

Jiangsu Province, Nanjing, 4 December 2002.

What a Constitution Should Not Provide, Seventh Annual Conference of Comparative Law Association,

Sponsored by School of Law, Hunan University, Changsha, October 31 – November 1, 2003.

Establishing Legal Norm Review Mechanism in China, Annual Conference of Chinese Constitutional

Law Association, Sponsored by Shanghai Transportation University, 17 November 2003.

Equality, Justice, and Rationality: Judicial Function in Curbing Occupational Discrimination, Sponsored

by Human Rights Center, Beijing University, December 2003.

Constitutional Improvement of the People’s Congress System, Conference on Constitutional Amendment,

Sponsored by CASS, 18 March 2004.

From Regulation to Freedom: Constitutional Transformation on the Beggars and Vagabonds Issue in the

United States and Its Insights for China, Theoretical Conference on Path to Chinese Constitutionalism,

Sponsored by Forum for Centennial Celebration of Peking University Law School, 2 April 2004.

Relationship Between Constitution and Criminal Litigation Law, Conference on Constitution and

Criminal Litigation Law, Sponsored by School of Law, China People’s University, 15 May 2004.

Humanity or Benevolence? Interpretation of Confucian Ren and Its Modern Impacts, Taking Confucian

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Ethics Seriously: Symposium on Confucian Ethics, Hong Kong Polytechnic University, 28-29 June 2004.

Constitutional Culture and Institutional Building, Beijing Forum on Harmony and Co-prosperity of

Civilizations, 23-25 August 2004.

On the Strengthening and Transformation of the Functions of People’s Congresses, Theoretical

Conference Commemorating the 1954 Constitution and the 50th Anniversary of the National People’s

Congress, Sponsored by Institute of Law, CASS, 5 September 2004.

The Future of Chinese Constitutionalism in the 21st Century, Academic Conference on the 1954

Constitution and New Chinese Constitutionalism, Sponsored by China People’s University, 12 September

2004.

Connecting the Bridge of Dialogue Between China and the West: On the Constitutional Problems in

China’s Regulation of Religious Activities, International Conference on Religion and Rule of Law,

Sponsored by Institute of World Religions, CASS, 18-19 October 2004.

The Dilemma of Public Interest: The Constitutional Interpretation of Public Use in the United States and

Its Insights to China, Annual Conference of Chinese Constitutional Law Association, Sponsored by

School of Law, Nanjing Normal University, 24 October 2004.

Judicial Protection of Village Autonomy, National Symposium on Village Autonomy, Sponsored by

Sino-European Union Program on Village Affairs Management and Training, 24 March 2005.

The Constitution of Public Interest: Exploring the Objectives of Administrative Law and the Meaning of

Balance, Conference on Social Science of Law, Sponsored by School of Law, Peking University and

CASS Journal, 28 May 2005.

Student Discipline and Administrative Remedies, Academic Conference on High Education Law Across

the Strait, Sponsored by Constitutional and Administrative Law Center, Peking University and School of

Law, Taiwan Politics University, 14-15 June 2005.

From Administrative Rule of Law to Constitutionalism: The Changing Perspectives of Chinese Public

Law, Asian Forum of Constitutional Law, Seoul National University and Korean Legislation Research

Institute, 22-25 September 2005.

Liberty or Rule of Law? On the Religious Exemption from Law and Its Limitation, Academic Conference

on Religion and Rule of Law, Sponsored by Law Institute, Southwest University of Politics and Law and

Beijing Institute of Social Sciences on World Religions, 15-16 October 2005; Annual Conference of

Chinese Constitutional Association, Sponsored by School of Law, Shandong University, 22-23 October

2005; International Conference on Themes and Perspectives of Sino-Japanese Public Law, Sponsored by

School of Law, Shandong University, 29 October 2005.

Beyond the Public Interest Dilemma: The Constitutional Interpretation of Public Use in the United States

and Its Insights for China, Academic Conference on Freedom and Limitation of Real Estate Property

Rights, The Seventh Fei Yimin Law Forum of Nanjing University, Sponsored by School of Law, Nanjing

University, 12 November 2005.

What Should the Central Government Do for the Three Peasant Problems? On the Legalization of

Central-local Relation, Symposium of Rural Constitutionalism and Administrative Rule of Law,

Sponsored by Constitutional and Administrative Law Center, Peking University, 25-26 November 2005.

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The Chinese Legal Reform in the Aftermath of the Sun Zhigang Incident, What is an Adequate Life?

Vital Citizenship, Moral Experience, and the Governance of Life in Post-Mao China, Organized by

Harvard-Yenching Institute, 19-20 May 2006.

From Constitution to Constitutionalism: The Past, Present, and Future of Constitutional Review in

Mainland China, Conference on Legal Development Across the Strait, Sponsored by Taiwan Academia

Sinica, 2-3 June 2006.

Propriety, Law, and Harmony: A Functional Defense of Rule of Virtue, Governance for Harmony:

Linking Visions, Organized by Governance in Asia Research Centre, City University of Hong Kong, 9-10

June 2006.

Press Freedom and Rule of Law, Conference on Freedom of Information and Media Responsibility,

Sponsored by Department of Law, China Media University, 1-2 July 2006.

The Institutional Guarantee for New Rural Construction, Annual Conference of Chinese Constitutional

Association, Sponsored by Guangdong Commerce College, Guangzhou, 12-14 November 2006.

Freedom to Press in Constitutional States, Conference on Supervision of Public Opinion and Legal

Protection of Media Workers, Sponsored by Special Committee on Constitution and Human Rights,

Beijing Bar Association, 28 December 2006.

Constitutional Transformation and Local Experimentation: On Delimitation of Benign Violation of

Constitution and Laws and Beyond, International Symposium on Legalization of Central-local Relation,

Sponsored by Constitutional and Administrative Law Center, Peking University and China Law Center,

Yale University, 6-7 January 2007.

National Unification and Local Autonomy: The Constitutional Mechanism of Unification Across the

Strait, Sponsored by China University of Politics and Law, 9 January 2007.

Human Dignity in Classical Chinese Philosophy: The Daoist Perspective, International Conference on

Human Rights and Human Dignity, Organized by World Council of Churches, Geneva, Switzerland, 26-

30 May 2008.

Invited Speeches:

Models of Judicial Review, School of Economics, Law and Politics, Nanjing Normal University, May

1998.

The Evolution of American Contract and Tort Law, Nanjing Normal University, School of Economics,

Law and Politics, May 1998.

Recent Advents of Political Science in the United States, Nanjing University, Department of Political

Science and Public Management, June 1998.

Law as a Rational Discourse, Nanjing University Law School, March 2000.

On the Spirit of American Constitutionalism, Suzhou University Law School, October 2000.

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The WTO and Its Challenge to the Chinese Law, Jiangsu Televised Education College, March 2001.

The Constitutional Problems in the American Presidential Election, Nanjing Astronautic and Aeronautical

University, School of Humanities, May 2001.

From Constitution to Constitutionalism: The Future of China, Lecture of Law Sponsored by the Standing

Committee of People’s Congress, Jiangsu Province, 23 April 2003.

Freedom of Religious Belief, School of Law, Hunan University, October 2003.

From Constitution to Constitutionalism, School of Law, Zhengzhou University, September 2004; East

China University of Politics and Law, October 2004; School of Law, Nanjing Normal University,

November 2004.

From People’s Sovereignty to Human Rights: The Transformation of China’s Constitutional Law Studies,

North China Institute of Technology, February 2004; Public Law Forum, Peking University, 31 March

2005.

Freedom of Speech and Religion, Vocational Training for Human Rights Law in Western China,

Sponsored by Human Rights Center, Oslo University, Norway, 14 October 2005.

Freedom of Speech in Constitutional States, School of Law, Sichuan University, 14 October 2005; School

of Law, Shandong University, 23 October 2005; China Youth College of Politics, 9 November 2005;

Eminent Jurist Forum, School of Law, Jilin University, 14 April 2007; School of Law, Wuhan University,

20 April 2007.

Freedom of Speech and Constitutionalism, School of Law, Southwest University of Politics and Law, 16

October 2005; China University of Politics and Law, 30 November 2005.

Three Peasant Problems: What Should the Central Government Regulate? Student Association, Peking

University, 11 December 2005; Law Association, China People’s University, 16 April 2006; Department

of Law, Hehai University, 26 May 2006; Eminent Jurist Forum, School of Law, Nanjing Normal

University, 26 May 2006; Student Association, Central Nationality University, 10 September 2006;

School of Law, Central South Nationality University, 20 April 2007.

Why the May Fourth Movement Did Not Produce China’s Marbury v. Madison? Reflections on

Constitutional Culture and Institutional Building, Lectures on Historical Review of Constitutional

Culture: West and China, China University of Politics and Law, 27 April 2006.

Press Freedom in Constitutional States, School of Law, Zhongshan University, 13 November 2006;

School of Law, Shenzhen University, 16 November 2006.

Constitutional Flexibility and Local Experimentation: Delimiting Benign Unconstitutionality and Beyond,

Lecture Series on Life of Public Law, School of Law, Peking University, 20 March 2007; School of Law,

Jilin University, 15 April 2007; School of Law, Central South University of Finance, Political, and Law,

21 April 2007.

From Administrative Rule of Law to Constitutionalism: Review and Prospects of Chinese Public Law,

Eminent Lecture Series, Macao Science and Technology University, 30 April 2007.

From Constitution to Constitutionalism: The Unfinished Journey of China’s Rule of Law, Lectures at

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Department of Politics, Taiwan University, 2 June 2007.

Constitutional Problems in China, Inner Mongolia Industrial University, 14 September 2007; Student

Association, Central Nationality University, 22 September 2007; School of Law, East China University of

Politics and Law, 22 October 2007; Law Association, School of Law, Tsinghua University, 19 November

2007; China Media University, 16 April 2008; School of Law, Hunan Normal University, 13 June 2008.

Religious Freedom, Vocational Training Program for Human Rights Law in West China, Sponsored by

Human Rights Center, Oslo University, Norway, 17 Septembr 2007; Lectures on Freedom of Religion,

Institute of Law, CASS, 29 April 2008.

From Party over Cadres to Party over Legislations: Toward Legalization of Political Leadership, Weekly

Series on Rule of Law, Center for Public Participation and Support, School of Law, Peking University, 12

November 2007.

Analysis of Broadcasting Bureau v. Tang Wei, Weekly Series on Rule of Law, Center for Public

Participation and Support, School of Law, Peking University, 12 April 2008.

Science of Equality: Reflections on Regional Discrimination in College Admission Program, Youth

Culture Lectures, Peking University, 17 April 2008.

What is Patriotism, Beijing Science and Technology University, 5 June 2008; Central China Science and

Technology University, 10 June 2008.

The Emergence of Chinese Constitutionalism, Central China Science and Technology University, 11 June

2008; World Management Forum, Central South University, 12 June 2008.

Interview Speeches:

How far are we from the judicialization of constitution? Weekend, 14 December 2001.

Professionalization of People’s Congress representatives, Economic Observers, 24 February 2003.

Equal opportunity: Reflections on Right to Occupation, Legal Daily, 20 March 2003.

Analysis of ten SARS problems, Modern Dispatch Daily, May 2003.

Fostering professional probity of judges with effective institutional design, Legal Daily, 18 September

2003.

Monitoring American elections, Eastern Perspective Weekly, 25 March 2004.

Judicial precedent system, Rule of law program, Henan TV broadcasting, 16 June 2004.

Can college admission reform promote educational justice? New Beijing Daily, 19 March 2006.

College admission reform and equal right to education, Special Conference of Chinese Law Association;

9 Democracy and Legal System 10-11 (2006).

Is Property Law constitutional? Tencents, http://news.qq.com/a/20070301/001189.htm, 28 February

2007.

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Electoral reform of People’s Congress system, Netease,

http://news.163.com/special/000127BE/nongmingongdaibiao070310.html, 10 March 2007.

What should people’s representatives do? http://news.sina.com.cn/c/2007-03-10/232112483042.shtml, 10

March 2007.

Autonomy of small retail sellers: An impossible mission? Finance Times, 23 April 2007.

Arbitrary penalties violate natural justice, Economic Observers, 12 April 2008.

Sponsorship of Conferences:

Rural Constitutionalism and Administrative Rule of Law, Constitutional and Administrative Law Center,

Peking University, 25-26 November 2005.

Legislative Regulation of Village Committee Elections, Constitutional and Administrative Law Center,

Peking University and Beijing New Enlightenment Institute, March 2006.

Legalization of Central-local Relation, Constitutional and Administrative Law Center, Peking University

and China Law Center, Yale University, 6-7 January 2007.

Electoral Mechanism of Grass-root Level People’s Congresses, Constitutional and Administrative Law

Center, Peking University, 1 March 2007.

Qianfan Zhang obtained his Ph.D. in Government from University of Texas at Austin (1999). He taught

comparative constitutional law and administrative law at School of Law, Nanjing University, and served

as the Chief Editor of the faculty law journal, Nanjing University Law Review before he joined the law

faculty in Peking University in 2003, where he is now the director of the Center for the People’s Congress

and Parliamentary Studies and the senior deputy director of the Constitutional and Administrative Law

Center. He has published several books and numerous articles in public law, including a two-volume

treatise The Constitutional Systems in the West (2nd

Ed., 2004/2005), Constitutional Commentary in Daily

Life: Between Ideal and Reality (2007), Introduction to the Study of Constitutional Law (2nd

Ed., 2008),

Selection of Classical Constitutional Cases (2008), Comparative Administrative Law: Systems,

Institutions, and Processes (2008, first author), From Constitution to Constitutionalism: A Comparative

Study of Judicial Review (2008, first author). He can be reached at [email protected].