Xin HE (Frank)

School of Law, City University of Hong Kong; abpne8@r.postjobfree.com; 3442-7202

EDUCATION

Doctor of the Science of Law (JSD), School of Law, STANFORD UNIVERSITY, 2004

Master of the Science of Law (JSM), School of Law, STANFORD UNIVERSITY, 2000

Master of Legal Philosophy, PEKING UNIVERSITY, 1999

LL.B., PEKING UNIVERSITY, 1995

AREAS OF RESEARCH AND TEACHING

Law and Society; Comparative Law; Legal Theroy; Chinese Legal System.

POSITIONS

September 2008- Associate Professor, School of Law, City University of Hong Kong

Other Appointments:

Global Visiting Professor, NYU Law School, Spring 2009.

Visiting Professor, College of Law, University of Illinois, Fall 2009, Spring 2011, Fall 2012.

Visiting Professor, Southwestern University of Finance and Economics, China, 2009-.

Assistant Professor, School of Law, City University of Hong Kong, July 2006-2008.

Hauser Research Scholar, NYU Law School, Sept. 2005 -May 2006.

Lecturer, School of Law, City University of Hong Kong, Aug. 2002-Aug. 2005.

Summer Associate, Baker & McKenzie LLP, Hong Kong Office, 2001.

HONORS AND AWARDS

Global Faculty, NYU Law School, appointed as of March 2008

One of the Eight Winners out of more than 200 submissions, International Junior Faculty Forum,

Stanford-Harvard Law Schools, Cambridge, Boston, Nov. 2009

EXTERNALLY COMPETITIVE RESEARCH PROJECTS

2012, Principal Investigator, General Research Fund (GRF)

Piercing the Veil of the Adjudication Committee in the Chinese Court,

HK$547,000, the Research Grant Council, Hong Kong Government.

2012, Co-Investigator (CHEN Lei as PI), General Research Fund (GRF)

Assessing Property Relations and Formalizing Condominium Ownership in China,

HK$471,000, the Research Grant Council, Hong Kong Government.

2011, Co-Principal Investigator (Kwai Hang Ng as Principal Investigator), Chiang Ching-

Kuo Foundation for International Scholarship

Rule of Law from Below, USD 22,600.

2011, Principal Investigator, General Research Fund (GRF)

Protest-supported Litigation in Housing Demolition in China, HK$699,000, the Research

Grant Council, Hong Kong Government.

2010, Principal Investigator, General Research Fund (GRF)

Do the Haves Come Out Ahead in Chinese Courts? HK$593,400, the Research Grant

Council, Hong Kong Government.

1

2009, Principal Investigator, General Research Fund (GRF)

State Channeling of Labor Conflict in China, HK$684,000, the Research Grant Council,

Hong Kong Government.

2008, Principal Investigator, General Research Fund (GRF)

The Enforcement of Contract Judgments in China, HK$356,000, the Research Grant

Council, Hong Kong Government.

2007, Principal Investigator, SRG, City University of Hong Kong

Getting Justice in China s Urbanization Process, converted from a fundable CERG

(formally GRF) application.

2005, Principal Investigator, (fundable) Hong Kong Government CERG (formally GRF)

grant

Caseload Change in China.

BAR ADMISSION

State of New York, January 2001.

COURSES TAUGHT

Applied Legal Theories

Business and Law

Chinese Business Law

Chinese Civil Law

Chinese and Comparative Property Law

Dissertation Supervision

Law and Development

Law and Society in China (University of Illinois, 2009, 2011, and 2012)

Law and Society in East Asia (NYU Law School, 2009)

Jurisprudence

Jurisprudence and Political Theories

Advanced Legal Research Methodology

REFERENCES

Professor Lawrence M. Friedman, Stanford Law School, Stanford, CA 94305, USA

650-***-****, abpne8@r.postjobfree.com

Professor Randall Peerenboom, School of Law, La Trobe University, Australia,

abpne8@r.postjobfree.com

Professor Frank Upham, NYU Law School, New York, NY, 212-***-****,

abpne8@r.postjobfree.com

PUBLICATIONS

A. JOURNAL ARTICLES IN ENGLISH

21. In the Name of Harmony: The Erasure of Domestic Violence in China s Judicial

Mediation, Xin He and Kwai Hang Ng, International Journal of Law, Policy and the

Family forthcoming, Vol. 26, no. 1, 2013.

2

20. Judicial Innovation and Local Politics: Judicialization of Administrative Governance in

East China, China Journal, no. 69, forthcoming 2013.

19. Black Hole of Responsibility: The Adjudication Committee s Role in A Chinese

Court, forthcoming at Law and Society Review.

18. A Tale of Two Chinese Courts: Economic Development and Contract Enforcement,

Journal of Law and Society, Vol. 39, No. 3, 384-409, 2012.

17. Do the Haves Come Out Ahead in Shanghai Courts? Journal of Empirical Legal

Studies, Xin He and Yang Su, forthcoming 2012.

16. The Party s Leadership as a Living Constitution in Reform China, Hong Kong Law

Journal, no. 1, 73-94, 2012.

15. Debt-Collection in the Less Developed Regions of China: An Empirical Study from a

Basic-Level Court in Shaanxi Province, The China Quarterly, no. 206, lead article, 253-

275, 2011. (Ranked 5th among 60 SSCI Area Studies Journals, Impact factor 0.907 in 2010)

14. Street as Courtroom: State Accommodation of Labor Protests in South China, Yang

Su and Xin He, Law & Society Review, Vol. 44, No. 1, 2010,157-185. (Ranked 27 among

116 SSCI Law Journals, Impact factor 1.49 in 2009)

13. Enforcing Commercial Judgments in the Pearl River Delta of China, American

Journal of Comparative Law, Vol. 59, No.2, 419-56, 2009. (Ranked 54 among 116 SSCI

Law Journals, Impact factor 0.896 in 2009)

12. Court Finance and Court Reactions to Judicial Reforms: A Tale of Two Chinese

Courts, Law & Policy, Vol. 31, No. 4, 463-486, 2009. (new SSCI law journal, not ranked

yet)

11. Routinization of Divorce Law Practice in China: Institutional Constraints Influence on

Judicial Behavior, International Journal of Law, Policy and the Family, Vol. 23, No. 1, 83-

109, 2009.

10. Dispute Resolution in China, Randall Peerenboom and Xin He, East Asia Law Review,

Vol. 4, lead article, 1-61, 2009.

9. Why Did They not Take the Disputes? Law, Power, Politics in the Decision-Making of

Chinese Courts, International Journal of Law in Context, Vol. 3, No. 3, 203-25, 2007.

8. Recent Decline in Chinese Economic Caseload: Exploration of a Surprising Puzzle, The

China Quarterly, Vol. 190, 352-74, June 2007. (Ranked 8 among 44 SSCI Area Studies

Journals, Impact factor 0.95 in 2009)

7. Why Do They Not Comply with the Law? Illegality and Semi-Illegality among Rural-

Urban Migrant Entrepreneurs in Beijing, Law & Society Review Vol. 39, No. 3, 527-62,

2005. (Ranked 27 among 116 SSCI Law Journals, Impact factor 1.49 in 2009)

6. Ideology or Reality? Limited Judicial Independence in Contemporary Rural China,

Australian Journal of Asian Law, Vol. 6, No. 3, lead article, 213-30, 2004.

5. The Stickiness of Legal Collusion: A Difficulty of Legal Enforcement, International

Journal of the Sociology of Law, Vol. 32, No 2, lead article, 103-117, 2004. (Ranked 91

among 116 SSCI Law Journals, Impact factor 0.31 in 2009)

4. Sporadic Campaigns as a Means of Social Control, Columbia Journal of Asian Law,

Vol. 17, No. 1, 121-45, fall 2003.

3

3. Explaining the Development of Migrant Businesses in Beijing, Asian and Pacific

Migration Journal, Vol. 12, No. 3, 385-406, 2003.

2. Legal Evasion: the Strategies of Rural-urban Migrants to Survive in Beijing, Canadian

Journal of Law and Society, Vol. 18, No. 2, 69-90, 2003.

1. Regulating Rural-Urban Migrants in Beijing: Institutional Conflict and Ineffective

Campaigns, Stanford Journal of International Law, Vol. 39, No. 2, lead article, 177-206,

summer 2003. (Ranked 33 among 108 SSCI Law Journals, Impact factor 1.40 in 2008)

B. OTHER REFEREED ARTICLES IN ENGLISH

9. Protest Supported Housing Demolition Litigation in China, in John Gillespie and

Hualing Fu eds., Land Law in Asia (2013 forthcoming).

8. The Erosion of Administrative Reconsideration on Administrative Litigation in China,

in Stephanie Balme ed., Empirical Studies into Chinese Courts (2012 forthcoming)

7. A Tale of Two Chinese Courts: Economic Development and Contract Enforcement, in

Yu Guanghua ed., Law and Development in Asia (2013 forthcoming)

6. The Party s Leadership as a Living Constitution in Reform China, in Tom Ginsburg ed.,

Constitutions in Authoritarian States. New York: Cambridge University Press (2013

forthcoming)

5. The Judiciary Pushes Back: Law, Power, Politics in the Chinese Courts, in Randall

Peerenboom ed., Judicial Independence in China, 2010, pp 180-195, Cambridge University

Press.

4. Administrative Law as a Political Control Mechanism in Contemporary China, in

Stephanie Balme & Michael Dowdle eds., Building Constitutionalism in China, Palgrave

Macmillian, 143-161, 2009.

3. Enforcing Commercial Judgments in China, Oxford: Foundation for Law, Justice and

Society, 12 pages, 2008, available at http://www.fljs.org/content.asp?pageRef=55.

2. Dispute Resolution in China, co-authored with Randall Peerenboom, Oxford:

Foundation for Law, Justice and Society, 32 pages, 2008, available at

http://www.fljs.org/content.asp?pageRef=55.

1. Why Did They not Take the Disputes? New York University School of Law s Global

Law Working Paper Series, in hardcopy and online at www.nyulawglobal.org, 2006.

C. WORK IN PROCESS

1. Above the Roof, Beneath the Law: Conceived Justice among Migrant Wage Claimants

in China, Xin He, Lungang Wang and Yang Su, third round revise and resubmit at Law &

Society Review.

2. Pragmatic Discourse and Gender Inequality, Xin He and Kwai Hang Ng, revise and

resubmit at Law & Society Review.

3. Internal Contradictions in China s Judicial Mediation, under review at Law & Social

Inquiry.

D. JOURNAL ARTICLES IN CHINESE

18., (Peking University Law Review) 2011 2

4

(translation from A14)

17. 6 9002

(translation from A12)

74-04

16. 12-23, 2008 1

15. (Peking University Law Review) No.2,

2008 (translation from A10).

14., No.3 2008(translation

from A9).

Partly reprinted in No. 2, 2009.

13. No. 1, 3-16, 2007

(translation from A8).

Reprinted by No. 1, 2007, p3.

12.

No. 8, 207-26, 2005 (An early version of B3).

11.,, No. 3, 91-103, 2005(A simplified and translated version of A7).

10. 2007

2 72-109 (An early version of A12).

9. ? No. 1, 30-65, 2006.

8. Vol. 7, No. 2, 21-36,

2005

7. 25 75-95,

2003 / (An early version of A6).

Reprinted in Mainland China by 45-59, July 2005.

6.

No. 7,

49-56, 2005

5.,

No.5, 2004, 584-93.

5

Partly reprinted by No. 1, 2005; Also partly reprinted by, 2005.

4. 27

27-40, 2004 /, 27-40.

3.,, No. 5, 114-23 2003.

Reprinted by No. 1, 87-97, 2004.

2., No. 10, 15-23, 2004.

1.

35-38, Jan 1998.

INVITED PRESENTATIONS

Invited Speaker, Judicial Innovation and Local Politics, Yale Law School, Oct. 25, 2011.

Invited Speaker, Piercing the Veil of the Adjudication Committees in Chinese Courts,

Columbia Law School, Oct. 24, 2011.

Invited Speaker, Judicial Decision-making in an Authoritarian Regime, NYU Law School,

Oct. 24, 2011.

Invited Participant, The Party Leadership as China s Living Constitution, Conference on

the Constitutions of Authoritarian States at University of Chicago Law School, Oct. 21-22,

2011.

Invited Speaker, Do the Haves Come out Ahead in the Shanghai Courts? Overseas Young

Scholars Forum and University of Chicago, May 27, 2010.

Invited Speaker, Street as Courtroom: State Accommodation of Labor Protests in South

China, Oxford University Department of Sociology, Feb 1, 2010.

Invited Speaker, Do the Haves Come out Ahead in the Shanghai Courts? NYU Law

School, Nov. 5, 2009.

Winner out of more than 200 submissions in Stanford-Harvard International Junior Faculty

Forum, Street as Courtroom: State Accommodation of Labor Protests in South China,

Harvard Law School, Nov. 7, 2009.

Street as Courtroom: State Accommodation of Labor Protests in South China, Cornell

Law School, Nov. 7, 2009.

Invited Speaker, Street as Courtroom: State Accommodation of Labor Protests in South

China, UIUC College of Law, Aug 25, 2009.

Invited Speaker, Filtering or Channeling? The Systematic Erosion of Administrative

Litigation by Administrative Reconsideration in China, Conference on Administrative

Disputes Resolution in China, organized by China University of Political Science and Law

& the Ford Foundation, July 12, 2009, Beijing.

Invited Speaker, A Political Analysis of China s Administrative Law, June 8, 2009,

Southwestern University of Finance and Economics, Chengdu, China.

Invited Speaker, Street as Courtroom, Comparative Law and Economics Forum (CLEF),

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May 22-23, 2009, Singapore.

Invited Speaker: The Caseload Change in Chinese Courts, Harvard Law School, February

27, 2009.

Invited Speaker, Chinese Courts: New Development, Columbia Law School, February 20,

2009.

Featured Panelist: The Puppet of the Party or the Forum of Rights: The Controversial Role

of Chinese Courts, NYU Law School, February 19, 2009.

Invited Speaker, The Controversial Role of China's Courts, Council on Foreign Affairs,

New York, February 18, 2009.

Invited Speaker: The Role of Law in Developing Countries, Workshop at School of Law,

University of Wisconsin at Madison, December 5-7, 2008.

Invited Speaker: Court Financing in China and its Impact on Judicial Behavior, Annual

Meeting of European Chinese Law Association, Bologna and Torino, Italy, October 1-4,

2008.

Invited Speaker: Judicialiazation or Dejudicialization? The Relationship between

Administrative Litigation and Administrative Reconsideration in China, Conference on

Empirical Studies onto Judicial System, organized by Academia Sinica, Taiwan, June 20-21,

2008.

Invited Speaker: Formal Contract Enforcement and Economic Development in Urban and

Rural China, NYU Conference on Law, Commerce and Development, New York City,

April 11-12, 2008.

Invited Speaker: Enforcing Commercial Judgments in the Pearl River Delta, Conference

co-organized by the Foundation for Law, Justice and Society, University of Oxford, and

University of Hawaii, Honolulu, Hawaii, September 17-18, 2007.

Invited Speaker: Why the Courts Refuse to Take the Disputes? Enforcing Economic

Cases in Chinese Courts, Politics in Judicial Studies. All the three speeches were

delivered at the Distinguished Scholars Forum, April 3-11, 2007, Southwestern University

of Political Science and Law, Chongqing, China.

Invited Speaker: Administrative Law as a Political Control Mechanism in Contemporary

China, invited speaker at Constitutional and Judicial Reform in China conference

organized by CERI and Sciences Po, Dec. 13, 2005, Paris, France.

Invited Speaker: Social Sciences of Law in Transition China: A Preliminary Analysis on Its

Supply and Demand, Law and Social Sciences Studies Meeting, organized by the Journal

of Social Sciences in China and Peking University Law School, May 2005.

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