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               Table of Contents 
                 Introduction
                     
                       Basics of the laws of the People抯 Republic of
                         China, the laws of the
                           Hong Kong SAR, and the laws of the Macao SAR Legal information access in China Major Online Chinese Legal
                   Resources
                     
                       Resources in English or bilingual
                           
                             Legal Online Services Electronic legal publications Legal research tools and law related websites Resources in Chinese
                           
                             Legal Online Services Electronic legal publications Legal research tools and law related websites CD-ROM products Conclusion
                     
                       Features of the online Chinese legal resources The Myth of Eastlaw    I. Introduction  A. Basics of the
               Laws of the People's Republic of China, the laws of the Hong Kong SAR, and the laws of the
                 Macao SAR In a broad sense, "China law" should comprise four components: (1) the laws of the People's Republic of China
               (PRC); (2) the laws of the Hong Kong Special Administrative Region (HKSAR), a former British colony
               handed back to PRC in 1997, but still employs
               the common law system; (3)
               the laws of the Macao Special Administrative Region (Macao SAR), a former Portugal colony which was
               returned to China in 1999, but has kept the
               original
               legal system; and (4) the laws of Taiwan which, as the remaining part of the former Republic of China, has 
               developed a distinct legal system different from that
               of the mainland after the Nationalists lost the civil war to the Communists in 1949. However,
               "China law" is commonly referred to as
               the laws of the PRC, which was constituted in
               1949 when the new government was founded. This article will mainly review the legal resources of the
               laws of the PRC and
                 the laws of HKSAR and Macao SAR in electronic formats, including databases, websites, CD-ROM products, and other
               non-print
               materials, but not traditional printing resources. The legal resources of the laws of
               Taiwan
               will be
               discussed in later articles. Legal family
               and structure: When Rene
               David was reviewing the Chinese codification of the
               1930s in his Major
                 Legal System in the World Today: An Introduction to the Comparative Study of
                 Law, he concluded that "Chinese law...can be ranked within the family of
               laws deriving from the Romanist tradition". Today, the laws of the PRC at
               large degree still share the
               characteristics of the civil law system rather than those
               of the common law. As David
               pointed out, this can be partly attributed to the Europeanization of
               China during
               the end of the 19th century and beginning of the 20th century. In addition, this also owes
               to the fact that the PRC has inherited the Chinese legal tradition: the statutes
               or codes (written law) were highly valued even back to the Qin Dynasty in
               221-207 BC. Though the Chinese legal system is claimed to be
               distinct from all other legal systems, jurists of the PRC follow rules of the
               civil law family. The legislation
               of the PRC reflects a structural similarity to countries in the Romano-Germanic family, German and France, for instance. Moreover, the Chinese jurists value legal doctrines and
               hold written law in
               high esteem; concrete judicial decisions are not officially considered as a
               source of law. Source of the laws of the PRC: In
               retrospective review, the formation and progression of the modern legal system
               in mainland China had been disturbed by a series of successive political
               movements from 1949 to 1976. Before
               the Criminal Code was enacted in
               1979, the Constitution Law passed in
               1954 was the only statute for 25 years. The
               governmental operation largely relied on the policies and orders of the Party. The rule of law was not constructed until the massive legislation
               enactment from the late 1980s, after the Party decided to adopt the
               "opening-up policy" to develop the market economic system in
               the late
               1970s.
               Since then, the skyrocketing
               development of the economy has led to substantial legislative activities
               that have laid the foundation of the modern legal system. Now, China has established a comprehensive scheme of legislation,
               including national laws, administrative regulations, and local laws. Among the sources of the laws of the PRC, the statutes enacted by the
               National People's Congress (NPC, China's Congress), which
               includes the
               constitutional laws, civil codes, and criminal codes, have the highest
               authority.  Administrative
               regulations by the State Council (China's cabinet) can
               not be in conflict
               with the statutes. The decided
               cases by various levels of judicial institutions are not official sources of
               law, though decisions of the Supreme People's Court are factually used as a
               guideline in the practice of lower courts when the provision of law is in
               obscurity. Local laws and regulations are enacted by provincial
               legislatures and governments. However, the Hong Kong Special Administrative Region (HKSAR) and the Macao Special Administrative Region
               (Macao SAR) are the exceptions from the legal framework in the PRC. Those two special regions were set up directly under the theory of one country, two systems
               ? by Mr. Deng Xiaoping, the former President of the PRC and the giant of
               the Party. Right before the PRC resumed the exercise of sovereignty over Hong
               Kong and Macao, the NPC of the PRC enacted  the Basic Law of the HKSAR (adopted on April
               1990) and  the Basic Law of Macao (adopted on March 1993), in order to keep the state
               sovereignty but to remain the special economic position of those two
               regions. From their position and
               nature, those two laws are national laws, not local laws, therefore, no laws,
               ordinances, administrative regulations and other normative documents of the HRSAR and the Macao SAR shall violate
               the Basic Law. At the same time, the
               Basic Law of the both regions states clearly that the existing capitalist system and the way of life in the
               regions shall remain unchanged for 50 years, the laws
               previously in force in these two regions shall be maintained. Hence, the legal system in the regions
               became a combination of the traditions of both civil law and the common law, and the political scheme turned out to be 
               a mixture of the capitalist system and socialist system. <Table
               of Contents> B.
               Legal Information Access in China As a consequence of the underdevelopment of the
               legal system, the legal research and legal information supporting systems were
               primitive in China before the 1980s.  Unlike Hong Kong and Macao, where the
                 legal information resources are sufficient and information structures are
                 sophiscated, and where the legal research and
               practice are supported by a sound legal information
               system, Chinese legal professionals  in
                 the PRC were backed up by an exceptional insufficiency of legal resources. Twenty years ago, there was no concept of a
               legal information profession in China and few
               experienced and competent legal information personnel were able to assist with
               fundamental legal research. Moreover,
               few legal publishers existed before the 1970s because no systematic
               legislation and legal research existed. Though legal publishers were enlightened
               after the
               effect of the rule of
               law in the late 1980s, standardized and advanced techniques for organizing
               legal information, such as codification, indexing, cataloging, and
               superseding, had not yet been implemented by the legal publishers. Additionally, all legal institutions had only
               a meager budget
               for acquiring materials. Even law
               schools had very scanty funds to
               amass a legal collection. Back in the 1980s, law textbooks were the primary sources
               (the sole source for some
               subjects of law) for legal study. To
               carry out research in thesis work, a graduate student had to allot a
               significant amount of time to travel around the country to collect the data
               and materials. Within the
               agencies of law enforcement, the
               scarcity of legal materials was much worse. For a long period of time, the difficulty in
               accessing legal information was the major obstruction to conducting legal
               research in almost every legal institution.
               Consequently, the
               construction of a modern legal system was
               hindered and which directly undermined the
               realization of the rule of law in China. The
               reforms in both the economy and law starting in the late 1970s have apparently impacted the advancement of the law. The demands for a modern legal information system arose hereafter. The exchange of legal
               professionals between China and the rest of the world has enlarged the vision
               of Chinese jurists. A large
               number of Chinese legal researchers and practitioners have been offered
               opportunities to study law in the U.S. and other developed countries. They have been trained to utilize legal information to
               engage in thorough legal research. On
               the other hand, jurists out of China have also
               keenly impelled the progression of
               legal information access in China. The
               U.S. Committee on Legal Educational Exchange with China (CLEEC), for instance,
               was one of the first of a small number of organizations that not only provided
               young Chinese law teachers opportunities to have legal training in the U.S.,
               but also supported Chinese legal educational institutions with hardware,
               facilities, and training. Westlaw
               offers free access to both students and faculty at the Beijing University Law School.
               Ebsco, Dialog, and the U.S. information agencies offer university
               students free retrieval to their databases as well. Thus, the idea of constructing and developing
               the legal information system
               has begun to be embedded into the larger scheme of the modern Chinese legal
               system. Furthermore, the rapid development of computer and Internet technology from
               the 1990s
               provides unprecedented opportunities to further build up
               China's legal information system.
               The Internet has very quickly become a unique vehicle for legal information storage and access in China. 
               Aggressive construction of telecommunication infrastructures by the government has hastened broader Internet
               access, which results in a revolution of the entire
               arena of the legal information system. From Beijing to Shanghai, from the headquarters
               of leading online services to law school computer laboratories, you can
               see
               a similar hectic scenario: young, energetic, and skillful graduates are busy
               with data entering, scanning or typing, and programming for the production of
               legal databases. Every founder or
               organizer of online services or databases is confident in their
               qualification to build the best databases. Their aim is to catch up to Westlaw and
               Lexis-Nexis online
               services. In addition, more
               and more law schools, legal institutions, and even law firms are proposing to
               create databases and e-law services. Law
               publishers have launched e-versions of their publications on the websites one
               after another. Legal
               professionals are constructing informal platforms for sturdy telecommunication. On the other hand, the legal databases on China law produced
               by sophisticated western legal publishers, and the resources on Chinese legal
               research provided by research groups out of China, supplement a significant
               amount of information to the current framework. The endeavors
               by people in and out of China have led to the emergence of a virtual China law library in
               cyberspace. The vast
               availability of Chinese legal resources, including full text law databases (commercial and non-commercial), online
               legal publications, websites with research
               tools including library online catalogs,
               legal services and the jurists networks, is certainly
               exhilarating. However, these
               uncoordinated efforts by different forces have unavoidably yielded some
               negative results (which will be discussed later). Armed with the technology of the digital age, will
               China be able to leap over the predicament of legal information access, which was
               promised on a printing-based information structure, to become a full partner on
               legal information exchange with other parts of the world? <Table
               of Contents> II.
               Major Online Chinese Legal Resources Commonly, legal sources are classified into two
               categories: primary
               and secondary. Due
               to the complexity and uniqueness of the Chinese online legal resources, I will
               tentatively classify the online resources on the laws of the
               PRC into four types and discuss them accordingly in this article. However, the
               classification of the online Chinese legal resources, the
               number of categories they should be divided into to, are subjective decisions.  For
               instance, a number of websites collect not only comprehensive links and
               annotations to other web resources, but also contain databases of full-text
               laws and/or publish online journals. Legal Online Services are commercial services
               that provide computer-assisted legal research (CALR) systems to legal
               professionals. These services
               usually consist of comprehensive databases with a
               systematic updating process,
               standardized data retrieval systems, and powerful technical support, all
               of which are operated by professional information institutions. Electronic publications are
               another type of database that cover specific subjects and topics. While
               Online Legal Services focus on primary legal sources such as statutes,
               regulations, case reports, and other core legal documents, e-journals supply
               the most current briefing on changes in China law. The remaining online resources are grouped as
               "research
               tools and law related sites." Though
               some of these websites may also maintain databases covering a
               significant amounts
               of full-text law, the databases usually lack systematic updating and
               standardization. Thus, they are regarded as mainly providers
               of bibliographic and
               directorial information. All
               three types of resources above are accessed via the Internet. CD-ROM in vernacular
               are listed as a separate category. Because of the immaturity of the Internet infrastructure in China,
               CD-ROM is and will continue to be an important medium in Chinese legal
               information access in the near future, although CD-ROMs have been losing their
               attraction in
               the U.S. and other developed countries. A.
               Resources in English or Bilingual a.
               Legal Online Services Existing
               Online Legal Services on Chinese law in general have the features of modern
               information storage and retrieval systems, although
               a comprehensive CALR systems similar to WestLaw and
               Lexis-Nexis have
               yet been developed. 
               ChinalawinfoThe China
                 Law Retrieving System is provided by Chinalawinfo Co., Ltd., which was
                 formally founded in the summer of 1999. The retrieval system has both English and Chinese versions
                 that can be accessed via its website.  The access policy of the databases is
                 the same for both
                 versions. The full text of Laws
                   & Regulations is a fee-based service and the materials are updated
                 biweekly. The Free Law provides free access to some national statutes and regulations. The Cases offers free
                 access to a list of selected cases that are confirmed by the Supreme People's Courts. The system
                 also provides the capability of keyword search to the index of the "four
                 big gazettes", namely the Gazette of the Standing Committee of the
                 People's Congress, the Gazette of the State Council, the Gazette of Supreme
                 People's Court, and the Gazette of the Supreme People's Procuratorate. Through the index search the user can retrieve the titles of the
                 documents. The indices are
                 archived for three years. The Index of Law
                   Journals can be searched by title, author, and subject,
                 which covers 1992 to 1998. At this time, five key law journals are covered by this index. 
               CLRSonlineThe
                 CLRSonline is a recently launched online service on China law,
                 which is produced
                 by Asia Law & Practice. The
                 electronic version of its publications can be accessed via the web by paid
                 subscription, The China Law
                   Reference Service (loose-leaf service) -- a
                     major resource for newly
                 enacted laws of the PRC in English. The
                 databases are equipped with advanced searching capabilities. 
               Law OnlineThis commercial online legal service is formerly
                 known as the Law-On-Line/Asia-Pacific On-Line database system which was
                 originally created by the Faculty of Law of the University of Hong Kong, and
                 recently merged with the Great China Web. Law-On-Line offers The
                   National Law and Regulations at both central and local government level
                 from 1949 to current and the Legal
                   News and Information in bilingual
                   format. It
                 also contains the full-text electronic version of the Asian
                   Commercial Law Review and full-text vernacular China Legal Daily. Another
                 acclaimed database, Civil Litigation
                   Court Case, collects the cases from all courts including Supreme Court,
                 District Court, and Bankruptcy, from 1989 to current. The databases can be accessed by various search approaches via its
                 website. 
               The Laws of Hong Kong SARBLIS stands
                 for Bilingual Laws Information System, a database of the laws of Hong
                 Kong. This official legal online
                 service is located at the web site of the Department of Justice of the HKSAR.
                 It is open to the public without fee. BLIS contains the statutory Laws of Hong Kong and selected
                 constitutional documents in both English and Chinese. Some cases from Court of Final Appeal are reported at the same site, but the information is
                 not up to date. The section of the
                 Current Ordinances corresponds to the printing version of the Ordinances as
                 published in the Loose-leaf Edition of the Laws. In International Agreements
                 section, both bilateral agreements and multilateral treaties are listed. This database
                 provides the most up-to-date version of the Laws of Hong Kong SAR, and currently it is kept updated
                 to within an average of two weeks after the publication of the Gazette.
                   The government of the Hong Kong Special Administrative Region Gazette can be accessed in full text, but the database is not archived
                     , and only the latest issue of the Gazette is available from the database. 
               The Laws of the Macao SARThe laws of the Macao SAR can be searched at http://www.imprensa.macau.gov.mo/main/index_cn.asp. This is a website of the Government Printing
                 Office (imprensa official) in Macao. The full-text database contains the complete laws of Macao and some national laws
                 of the PRC in Chinese and Portuguese, it is archived and up to date. 
               Lexis-NexisLexis-Nexis Online Service contains a database on China laws and
                 regulations of the PRC. The
                 content of the database consists of selected laws and regulations from the
                 PRC. The materials were
                 translated by the Chinalaw Assisted Legal Research Center, Beijing
                 University in the 1980s, and have not been updated since January 1994. The e-version of Hong Kong Law
                   Journal is also available at Lexis-Nexis. The searching process via
                 Lexis-Nexis's web interface is pleasant. 
               SinolawSinolaw
                 is the first commercial online legal service in China that provides
                 services in English. The
                 database model of Sinolaw has been taken as the template for other online
                 databases in English, such as  Chinalawinfo.
                 This Internet-based database is run by a Chinese information
                 service agency in Beijing and consists of both Sinolaw Legal Online (SLO) and
                 China Government Guide (CGG). Though SLO emphasizes commercial and business laws, it
                 also comprises
                 basic laws, major statutes, and regulations of the PRC as well. The service provides the English translation of each newly enacted
                 major law within ten days. CGG
                 contains biographic information about the central governmental agencies,
                 the Party, the National Congress, the Supreme People's Court, and the
                 Supreme People's Procuratorate. The
                 full-text database of both parts can be accessed via browsing the
                 directory
                 tree or searching keywords of the titles of the laws. 
               World News ConnectionThis is an U.S.
                 official foreign news service that covers extensive reports on politics
                 and laws of the PRC. It
                 collects most of the important sources, including  Daily Report China  which
                 was published by the Foreign Broadcast Information Service and was taken
                 over by WNC in 1996. Full-text
                 of some of the laws of the PRC are available in this database. The documents can be searched via various searching methods.   <Table
               of Contents>   b.
               Electronic
               Legal Publications 
               China
                 DailyThis is the online
                 version of the Chinese official daily newspaper, China Daily, which covers
                 legal news among others. The
                 online database allows free access in full text and can be searched by
                 keywords. The contents are
                 archived for about three months. 
               China
                 Legal ChangeThis is an electronic
                 journal on China law published by Legal Support Services Limited bi-weekly. The journal focuses on the discussion of current
                 Chinese law development.  The service also
                 offers full text of the new laws, regulations, and
                 interpretations publicized by central and local government bodies in Chinese. The online services
                 have subscription fees. 
               Legal
                 ForumThis electronic
                 publication acts as a bridge between the lawyers in China and the Great
                 Britain. It is associated with the
                 Beijing University Law School, the
                 Tsinghua University Law School, The College
                 of Law, and the SOAS Briefing Office in London. The section of Legal Articles publishes research articles on the laws
                 of mainland China and Hong Kong. The
                 Reference section collects major Chinese
                 laws in both English and Chinese but
                 the access is restricted to members. 
               The Peoples Daily (mirrosite as http://www.peopledaily.net/english/)The Peoples Daily is an official paper of the Party and contains reports on legislation
                 and legal development. New law is usually first released in full text in this newspaper. The newspaper is archived and the database provides
                 multiple
                 search options. 
               South China
                 Morning PostThis is a Hong Kong
                 based newspaper which reports a considerable amount of news on the legal
                 practice of the laws of PRC and Hong Kong. The database has advanced search capabilities.   <Table
               of Contents>   c.
               Legal
               Research Tools and Law Related Websites 
               Access
                 ChinaThe Access China website
                 contains a section called Laws & Regulations that lists some laws on
                 Chinese-Foreign Joint Venture, Intellectual Property, and other business
                 related laws and regulations.  The
                 listing is not up-to-date, however. 
               China
                 Law NetThis highly praised listserv offers a forum for legal professionals to
                 discuss Chinese law and practice. The
                 archived discussion and other related information can be accessed via the
                 website. 
               China
                 Today: Law, Justice and Legal ServicesThis website is created and maintained by InfoPacific Development Co.,
                 Canada and Kompass International Information Service Co. Ltd., China. Available databases cover the laws and regulation of the PRC, and
                 directorial information on governmental agencies and judicial institutions. The contents are not up to date and can only be accessed via
                 browsing. No search functions are
                 supported. 
               ChinalawIt is a free
                 accessible Internet resource which collects major Chinese laws in both
                 Chinese and English and some legal research literatures. The website also contains
                 extensive links to other China
                 law related websites and databases available in the Internet. The contents can be searched
                 using its search engine. 
               ChinaOnlineChinaOnline is
                 developed by ChinaOnline, LLC.  The
                 Legal section covers the full text of the laws and regulations of the PRC in
                 both English and Chinese and is accessible free via the website. The databases are arranged according to subjects, including Business
                 & Corporate, Foreign Relations & Trade, Information Technology - Telecommunications, Financial & Tax Related, and other laws. The contents are up to date, but not searchable. 
               Chinasite.comThis directory of
                 Internet sites covers some China law related websites. 
               Chinese Contract
                 Law ForumThis site is specifically on Chinese contract law and
                 offers a free access to full text of Contract law up to date. It also contains briefs and discussion on the subject. 
               Directory of law firmsThe Hieros Gamos's website compiles a directory
                 of law firms which collect a list of some large law firms in China including
                   Hong Kong and Macao. Research
               Guides on China Law  
               Internet
                 Chinese Legal Research Center is created and maintained by Wei Luo, a law
                 librarian at Washington University. This
                 website compiles a list of links and guides for doing legal research on China
                 laws. The content covers laws of
                 the PRC, the Hong Kong Special Administrative region, and Taiwan. Each link is annotated. China
                 Legal Sources is part of the
                 New York University Law Library online
                 resources, which consists of a research guide on China law at NYU, a bibliography of Chinese legal classics, and
                 comprehensive links to other Chinese
                 law related websites. Chinese
                 Law at WashLaw Web is created and maintained by Washburn University School of Law Library. It links to various Internet sources on
                 Chinese law, including full text
                 of the Constitution Law of the PRC and some general introduction to the laws
                 of the PRC. Through the Guide to Law Online (GLIN) by the Law Library of Congress, the major primarily resources and secondary resources for the PRC, the HKSAR, and the Macao SAR can be located. Government Agencies
               and Other Organizations  
               The website of CIETAC
                 & CMAC & BCC contains official information on the China
                 International Economic and Trade Arbitration Commission, the Maritime Arbitration
                 Commission, and the Beijing Conciliation Center. It provides introductions and states arbitration rules for each agency. The English version of
                 the website of the State
                   Intellectual Property Office of the People's Republic of China is still under
                 construction. The currently
                 available information includes an introduction about the agency and the full
                 text of the Patent Law of the People's Republic of China. The Chinese version of the website contains all
                 intellectual property related laws,
                 regulations, and other legal documents.  It also provides useful statistic data about
                 the Chinese IP
                 process.  No updating information
                 on the database is available and the databases are not searchable. The website of the Ministry of Foreign Trade and Economic
                 Cooperation has an bilingual introduction to the agency. The Laws
                   and Regulations section provides free access to a full text of laws related
                 to foreign trade and business. The website of the United States-China Business Council covers information on US-Chinese business related agreements and
                 regulation. The resources are
                 grouped into several sections including trade, foreign investment, and the economy
                 of China. It also provides statistics and analysis on these topics. The bilingual websites of the
                 governmental agencies of the HKSAR are fairly fine developed and the contents
                 are up to date.  The Department of Justice hosts a well organized online
                 service, BLIS.  The Legislative
                   Council provides general information about the Council and lists the
                 legislative proposals including bills, subsidiary legislation.  The
                 webpage of the Judiciary contains the detailed information on the current judicial scheme in the HKSAR. 
                 It also stores five years statistical records for all the level of Hong Kong
                 court system.  The site of the Executive
                   branch supplies inclusive information for the governmental documents and
                 activities. The site of the Government
                 of the Macao SAR offers full information on the governmental information
                 and activities in Chinese, English, and Portuguese. Legal Publishers and
               Vendors  
               China Books
                 and Periodicals is a San Francisco based book jobber. It accepts subscriptions
                 for Chinese legal serials. The webpage of Asia
                 Law & Practice provides significant bibliographic information on
                 China law which is a valuable resource for acquiring research materials on
                 Chinese law. The website of China
                 International Book Trading Corporation, the sole Chinese official
                 distributor for the publishers of the PRC, offers information on legal
                 publication in China. This
                 Chinese jobber handles standing orders for the laws of the PRC and accepts
                 subscriptions for all Chinese law reviews and journals. The website has both English and Chinese
                 versions. Guide
                 to Doing Business in/with China has bibliographic information on a set of Guide
                   to Doing Business in/with China, but the contents of the set is not
                 retrievable from the site. The
                 set covers laws of the PRC from 1949 to current, in both paper and CD-ROM.   <Table
               of Contents>   B.
               Resources in Chinese a.
               Legal Online Services 
               CEILaw This online service is part of the China Economic Information (CEI) network which is
                 hosted by the State Information Center, a central government agency. Its legal online information system contains the most comprehensive
                 and authoritative Chinese legal resource. The databases are available online or in CD-ROM format.
 The Internet-based databases have two parts, the free
                 accessible The National Laws,  which includes the national laws, regulations of State Council, and the judicial
                 interpretation of the Supreme People's Court and the Supreme People's
                 Procuratorate, from 1949 to present, and the fee-based The
                   New Laws & Regulations Online Searching which contains the most
                 recent statutes, regulations and rules from both central and local
                 government levels, and the judicial interpretation. The Legal Interpretation section collects legal explanations and commentaries from jurists and other
                 experts. The Lawyers
                   Directory section is a yellow page for law firms in China. It also contains abstracts for articles published in
                 the People's
                   Court Journal. All of the
                 databases on secondary resources are free of charge.
 
 The searching capability of the service via the web
                 is primitive: the databases can only be searched by keywords of the title of
                 the law, the enactment date of the law, and the name of the legislative
                 body. The contents of the laws
                 are not indexed, therefore, are not searchable.
 
               ChinalawinfoThe
                 database was originally formed at the Law Department at Beijing University
                 in the 1980's. It was a pioneer
                 endeavor to utilize computer technology for doing legal research in China. At the beginning, the database covered only the laws of the PRC on
                 intellectual property and antitrust. After the Legal Information Center of Beijing University was established, the database
                 was greatly expanded and started to provide comprehensive legal
                 online services. In the summer of
                 1999, it was formally incorporated as Chinalawinfo Co., Ltd.
                 and released its  English version.
 The new Chinalawinfo on the Internet comprises
                 databases and links to legal resources world wide. With the same structure as CEI, CHINALAW
                   Retrieving System covers the national laws, regulations, judicial
                 interpretations and judicial proceedings, laws and regulations of local
                 congress and government, treaties and agreements, foreign laws, and
                 international treaties. Among
                 them, access to the New Laws which
                 contains the full text of the recently promulgated laws, administrative
                 regulations, and judicial interpretations at the national level, is a
                 fee-based service. Major National Laws is accessible without a fee. Other free
                 information includes Selected
                   Case Reports which provides the full text of major cases in different
                 jurisdictions, the online catalog of the Beijing University Law Library, and
                 the Index of Law Journals that covers more than 20 major legal journals and
                 law reviews.
   <Table
               of Contents>   b.
               Electronic Legal Publications 
               The Legal
                 DailyLegal
                 Daily Online is the online version of the Legal Daily which is
                 published by the Political and Legal Commission of the Central Committee of
                 the Party. It was
                 originally the official paper of the Ministry of Justice and was taken over
                 by the Party at the middle of the 1980s when it became an influential
                 newspaper. The newspaper is
                 archived up to 6 months and searchable. The most valuable column is "Release of New
                 Laws" which publishes the full text of new laws, and contains legal
                 interpretation from legislature, judicial, and administrative agencies. 
               The People抯 Court PaperThe electronic version
                 of the newspaper is published by the Supreme People Court. It is a good
                 source for the Supreme People Court's new decisions, juridical
                 interpretation, and policies. The
                 content of the newspaper is searchable. 
               The
                 People抯 DailyThis is the online version of the official
                 newspapers of the Party. It
                 includes the People's Daily, People's Daily Overseas Edition, People's Huadong
                 News, Market, and Global News Digest, etc. The databases archive the newspapers for about 6 months and are
                 accessible free.   <Table
               of Contents>   c.
               Legal Research Tools and the Law Related Websites 
               China Judge Web SiteThis
                 resourceful webpage is maintained by a
                 young judge in China. The site compiles sources on China law study and practice including
                 judicial reports, a brief catalog of major law journals, and legal
                 research articles. But only
                 part of the content is searchable. 
               ChinalawnetThis site is
                 developed by Zhonglv Legal
                 Information Automation Services which is affiliated with the
                 Ministry of Justice. The site
                 publishes legal news and legal trends, and collects new laws, current laws, laws on foreign relation,
                 and local laws. 
               Chinese Legal SystemThis legal Internet
                 service is developed and run by the Law Society of Fujian Province and
                 Fujian Bamin Telecom IT Co., Ltd. It
                 provides legal news, introduction of governmental agencies, and current
                 laws and regulations. The
                 searching module for the databases will be provided in the future. On the Legal Aids section, it offers free legal counseling by
                 volunteer law experts; various samples of legal forms are also provided. 
               Counsel of
                 China OnlineCounsel
                 of China Online was established by the Dalian Chen De Hui Law Firm in Liaoning Province. It offers free access to its law database via the web. The
                 database contains all newly released laws, regulations, and other legal documents for 6 months
                 and archives them afterwards. There are three sections in the archived Law Database: National Laws, Foreign Laws, and Treaties. The databases can be searched using keywords, subject, or the
                 enactment date of the laws. The service is available in English, French, Japanese, and
                 Russian. 
               Full
                 text of laws in Shanghai WindowThe Shanghai
                 Window is the website covering stories on the news and economics. Its law section contains
                 the full text of some statutes. 
               Governmental Information and Government Online Project China Education and Research Network (CerNet) compiles comprehensive links to the websites of the administrative branch of the PRC. It has information on the State of Council and other ministries, and
                 the structure and the responsibilities of each institution.
 Government Online Project is a platform for all governmental information. The site is searchable.
 
               Custom
                 Enforcement on Intellectual Property ProtectionThis
                 site has a complete guide on the Custom enforcement of the PRC. The site provides statistics on customs and some samples of custom
                 forms, and also lists related laws, regulation, rules, and treaties in full text. The content is not searchable and no update information is available. 
               Laws and
                 Regulations on security of networking of computer information systemsLaws and Regulations on security of networking of
                 computer information systems at China Education and
                 Research Network (CerNet) compiles a list of the major laws and regulations
                 on networking and computer information, which are supplied by the Public
                 Security Bureau of Beijing. The
                 database is not up to date. 
               Supreme
                 People抯 Procuratorate of the PRCSupreme People's Procuratorate of the PRC introduces the
                 Chinese Procuratorate system and the Supreme People's Procuratorate. It collects major national laws, case analysis, and the working
                 reports of the National People's Congress from 1987 to 2000. The databases are not searchable. 
               Library
                 Online Catalogs This site contains comprehensive links to online library catalogs
                 nation-wide. In China, the
                 majority of law libraries have adopted library automation system. The card catalogs have been converted into electronic format using
                 integrated library system developed by either domestic or foreign
                 vendors. For instance, the Beijing
                   Library, the National Library of the PRC, has developed its own ILS that
                 has also been used by a number of law libraries, while the Shanghai
                   Public Library implements its
                 automation system via the Horizon system from the U.S. Both the national library of China and the Shanghai Public Library
                 have extensive law collections and their bibliographic information is
                 accessible world-wide. Both
                 systems have advanced search capabilities.
 Though most law libraries have finished the
                 retrospective conversion of catalogs from cards to electronic version, only
                 a few of the OPACs are connected to the Internet. Beijing University Law Library online catalog is
                 the first online law library catalog in the Internet. The OPAC can be
                 searched using author, titles, and
                 other basic search approaches.
 Directory of Law Firm and Legal Publishers 
               Law Firm 500 provides news on
                 business and law of China and also has a searchable directory of law firms. Joint
                 Publishing Co. lists its publication on China law on this site. It is
                 coded in Big 5 format. Legal Indexes and Abstracts 
               In China, there is yet no legal index service comparable to
                 the Indexes to Legal Periodicals or Current Index to Legal Periodical in the
                 U.S. Law-Online (in
                 Big 5 coding system) created a mini index for three major law reviews (China
                 Law by the Law Society of China, Journal of China University of Political
                 Science and Law, and Journal of Law by China Academy of Social Science). The
                 index can be searched using author, title, subject, and publication date,
                 however, the index is not up to date. Legal researchers in China largely rely on the clips of law
                 journals and legal newspapers. The clips are cut and sorted by library staff.
                 Many libraries including the Law Institute of the China Social Science Academy (CASS)
                 and the East China Institute of Politics and Laws have initiated projects to
                 digitize these clips to produce online legal abstracts. However, the progress
                 is sluggish due to the constraints of financial and labor resources. Chinalawinfo has indexed about five major law journals in
                 English. In its Chinese counterpart, about 20 major law journals are indexed
                 from 1992 to 1998. There is also a mini catalog of law journals that provides
                 detailed bibliographic information on each journal.   <Table
               of Contents>   d.
               CD-ROM Products Because of the low cost but broad dissemination, CD-ROM has been a
               well-recognized means for legal publishers to convert their publication from
               print into electronic format. There are over a dozen institutions in both
               official and private settings, at both central and local government bases,
               that produce legal CD-ROM. Among them, only a few law databases became
               Internet-based services; most of these databases are still only in CD-ROM
               format. Some of these databases, such as the Information Retrieval System of
               Law and Regulations of the Peoples Republic of China produced by
               the Information Center of the State Council, the National Law and Regulation
                 & Government Agency Information Searching System developed by Shanghai
               law & Society, and the Reprint of Newspaper and Journals including
               index and full text articles published by People's University of China,
               have been operating very successfully. Both CEI and Chinalawinfo make their
               CD-ROMs more comprehensive and attractive to users than their online databases
               via web access. For example, CEI's 1999 version CD-ROM consists of more
               than 80 databases with over 60 thousand of legal documents, covering almost
               all laws and regulations in both national and local level, cases reports, and
               treaties. However, even among these acclaimed databases, only the databases created
               by the State Council are not just well indexed for both the title and contents
               of the documents, but offer cross-reference between the updated and the
               obsolete provisions of the law in the retrieval system. Due to the limitation of the Internet and concerns of being accessed by non-authorized users, the majority of CD-ROM producers have no
               current plans to port
               their databases onto the web. However, facing the magnitude of the potential market in cyberspace and under the pressure of competition, this
               attitude might have to change soon. In addition to the Chinese domestic CD-ROM production, some western publishers
               also produce CD-ROMs for their Chinese legal publications, for instance, CCH
               Australia Ltd. has a CD-ROM version of its China Laws for Foreign Business loose-leaf
               service.   <Table
               of Contents>   III.  Conclusion A.
               Features of Online Chinese Legal Resources Coverage of the Contents The majority of the commercial databases in
               Chinese vernacular languages described above are supposed to have complete
               coverage on laws of the PRC from 1949 to present.  However, the relative
               completeness of the coverage of these databases might differ in some aspects. Though both  CEI and Chinalaw Retrieving System (CRS or Chinalawinfo) have similar contents and structure, CEI collects more legal documents than
               CRS. For example, when using the title to search Notary Law in the national law
               database of both services, CEI gives five hits that include laws and judicial
               and administrative interpretation, but CRS gives no result. Despite the many
               efforts taken to make the online databases more complete in covering
               the primary resources, the coverage of the existing online services are still
               limited. Secondary resources such as references, directorial information,
               legal literatures and treatises are not yet available in online databases.
               Moreover, online services in English usually have much a smaller scope in
               coverage than their Chinese counterpart. Authoritativeness According to the law of the PRC, legal compilation
               and electronic publishing should be examined, approved, and then published by
               a specific governmental agency assigned by legislature. The sole lawful
               publisher for the national laws should be the Legal Affairs Committee of the
               Standing Committee of the National People's Congress and the Bureau of
               Legislative Affaires of the State Council. However, for the purpose of
               research and study, the compilations of laws is also published by non-official
               publishers, such as research institutions and commercial publishers. Due to the
               lack of adequate quality control on legal publishing, the accuracy and
               authority of the existing commercial online databases are sometimes doubtful.
               Furthermore, law databases produced by volunteers or less qualified commercial
               agency also undermine the reliability and authenticity of the online legal
               resources. Information Management The modern techniques and standards for
               organizing information have been overlooked in the production of Chinese legal
               databases. These online databases, even CEI which is one of the top online
               legal resources, basically compile a cluster of documents together, instead of
               organizing them into an integrated entity. There are no relationships
               or cross-references between these documents. For example, no cross-reference
               is given between a new enacted law and the existing laws or the previous law
               that is superceded by a new one. A similar problems can be found in online catalogs. The utilization of online
               catalogs has freed people from the card catalog, and the
               Internet has allowed online catalogs to be accessed without the constraints of
               space and  location. However, because of the lack of professional resources
               on law librarianship, the immaturity of the domestic automation system, and the
               financial constraints and staff shortages, most law libraries are unable to
               follow cataloging standards during the retrospective conversion of card
               catalogs into the electronic format. Though a number of law libraries utilize
               the USMARC record, many materials are not fully cataloged according to the
               standards. The problem will be more distinctive and severe when local
               online catalogs are launched on the Internet. In addition, due to different
               implementation algorithms of the web interface, some online catalog systems only
               allow a limited number of results to be retrieved, so users with remote
               access to the online catalog would not be able to access the results
               exhaustively. Moreover, there are several subject classification schedules in
               China, the major ones being set by the Beijing Library and the Chinese Academia
               of Science. The unification of the various classification systems will be
               essential in the future for standardized information access and sharing. The disorganization is not just manifested in the substance of the online
               databases, but also is reflected in the composition of the databases. A number
               of online services strive to create a "one-stop shopping mall" for
               Chinese legal information, however, the services have lost their simplicity of
               layout and appear to be a poorly managed warehouses. Also because of the
               access problem for the vernacular language, one popular approach is to display the
               heading in the vernacular language as images in addition to other picture files.
               This, however, makes the document extremely big and the retrieval process
               extremely slow. Searching Capabilities As the other aspect of weakness of the
               information organization, the primitiveness of searching capabilities
               undermines database retrievals. The major online services in Chinese can
               only be searched using the title of the laws, the date of promulgation, and
               the legislature. The contents of the law are not indexed and therefore not
               searchable. For example, both CEI and CRS online databases can only be
               searched using a combination of the name of the documents and the date of
               enactment. No keyword search of the contents is available, nor are advanced Boolean
               search and nature language search algorithms implemented, despite the fact
               that both
               services provide complete searching functions for their CD-ROM products. Searching Aids All legal resources in Chinese on the web can
               be searched via browsers such as Netscape and Explorer. Understanding the
               coding systems of the Chinese characters is the key to configure the right
               setting to access vernacular databases. There are several different systems
               for coding Chinese characters, such as Big5, EACC, GB, HZ, and Unicode.
               Generally, databases based in Taiwan and Hong Kong are coded in traditional
               Chinese characters using the Big5 system and databases produced in mainland China,
               Singapore, and elsewhere adopt the simplified Chinese characters using the GB
               coding system. EACC is a coding system for Chinese, Japanese, and Korean
               characters, which is mainly used by ILS, for instance, INNOPAC. The HZ code
               system has the same standard as GB, and is widely used for web-based electronic
               journals or newspaper. Unicode is not a commonly used code system. Web browsers usually have plug-ins for reading Chinese characters. However,
               since many documents are encoded using a non-standard code or a mixture of several
               code systems, in order to have the input capability and to ensure the quality of
               downloading the sturdy searching results, a Chinese reader interface is
               usually needed, such as the simple reader  Unionway or more advanced applications of the Chinese reader interface, such as  Cstar,  Twinbridge,
               or  NJStar. Output or Downloading Although downloading from online databases can be
               carried out with a Chinese reader application, the buggy characters due to
               non-standard coding are sometimes unavoidable. Reload or refresh is needed
               after changing the configuration for different Chinese coding systems. Downloading
               directly to the printer demands a printer be equipped with a big buffer, and
               that is usually time
               consuming.   <Table
               of Contents>   B. The Myth of Eastlaw The idea of establishing a Chinese CALR system was initiated in the 1980s by
               the Law Department of Beijing University. The goal was to
               create a Chinese version of a Westlaw-like database on Chinese law and to provide
               comprehensive resources for legal research. The excellence of Westlaw and its
               peers has influenced Chinese jurists so deeply that the Westlaw pattern has
               been regarded as the model for Chinese online legal services. Because of the deficiency in legal resources in the 1980s, this Eastlaw Myth was
               beyond the imagination of most Chinese legal professionals. The swift
               progress of the construction of the legal information systems in recent years
               brings the hope of the realization of the myth. However, optimistic people
               might overlook one fact: the new cyberspace medium can accelerate the
               construction of the legal information system in China, but it cannot change
               the nature and the substances of the databases. The online resources are
               merely the reflection of the legal sources in print format. Therefore, the
               central issue is really how to establish a legal information system rather
               than how to establish an online legal system. The following
               perspectives are crucial in the realization of a modern legal information
               system in China. First, the standardization in all aspects of the legal information process
               should be stressed. Systematic codification will be the most important step in
               consolidating the legislation (written law). For legal publishing, instead of purely compiling codes, statutes,
               regulations, their focus should be on taking up more research tools for
               primary resources, such as indexing and digesting. These research tools
               commonly adopted by the western publishers have not been set up in Chinese
               legal publishing. A current awareness services, another important part of the legal information
               structure, should be accentuated. In addition to the initial efforts of Law-Online and Chinalawinfo
               to create a legal periodicals index, the Reprint
                 of Newspaper and Journals published by the People's University of China has
               also appended an index for legal articles. However, the service has limited
               coverage. Furthermore, this publication has a major problem: the Reprint does not have the permission of the original publishers for reprinting. Some
               leading law journals have been protesting this infringement of their copyright.
               Thus, the future of this service might not be bright. Additionally, as an outcome of the advent of the Internet, the globalization of
               information exchange and sharing will result in more and more fusion of the
               common law and the civil law system. Therefore, Chinese jurists should keep an
               open mind to appreciate the virtues of other legal tradition, for instance,
               considering formalizing case law as a legal source in China. At the least,
               systematic case reporting and analysis should be emphasized for the moment in
               the construction of a modern legal information system in China. The online
               version of Taiwan statutes sets a good illustration: for the articles of the statute, the online database
               provides not only the legislative history and the judicial and administrative
               interpretation, but also the judicial decisions. Last but not least, the government ought to maintain consistency in the
               policy of legal information storage, dissemination, and sharing. The
               government is the largest producer of legal information in China and provides
               official resources on regulations, rules, interpretations, statistics, new
               trends, and other information on various aspects. To the government, the Internet is a knife with two blades: on one side, it is
               medium for the government to effectively store and distribute
               governmental information to the public and to improve the efficiency of
               governmental operation; on the other side, virtual access means an increase in the
               difficulties for the government to control and censor information
               dissemination. Facing such a dilemma, the Chinese government has to weigh the gains and losses. A recent regulation of the PRC on the Internet, Administration of the
               Maintenance of Secrets in the International Networking of Computer Information
               Systems Provisions, that was promulgated by the State Secrecy Bureau on
               January 25, 2000, reflected the desire of the government to control Internet access. Thus, whether the construction of the legal information in
               China is able to move beyond the border is an uncertain issue. If the
               progress of building a modern legal information system in China is hampered by
               governmental control, it will be a great pity for the Chinese legal
               society. <Table
               of Contents> The original version of this article is published by International Journal of Legal Information,
               Vol.29:1 (2001). |